S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10424
 
                           I N  A S S E M B L Y
 
                               May 17, 2022
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Anderson,
   Zebrowski) -- (at request of the Office of General Services)  --  read
   once and referred to the Committee on Governmental Operations
 
 AN  ACT  to  amend  the  state finance law, in relation to providing for
   discretionary buying thresholds  for  the  purchase  of  services  and
   commodities  for  the office of general services or its customer agen-
   cies
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivisions 6 and 6-a of section 163 of the state finance
 law, as amended by chapter 257 of the laws of 2021, are amended to  read
 as follows:
   6. Discretionary buying thresholds. Pursuant to guidelines established
 by the state procurement council: the commissioner may purchase services
 and commodities for the office of general services or its customer agen-
 cies  serviced  by  the  office  of  general services [business services
 center] in an amount not exceeding eighty-five thousand dollars  without
 a  formal  competitive process; state agencies may purchase services and
 commodities in an amount not exceeding fifty thousand dollars without  a
 formal  competitive process; and state agencies may purchase commodities
 or services from small business concerns or those certified pursuant  to
 articles  fifteen-A and seventeen-B of the executive law, or commodities
 or technology that are recycled  or  remanufactured  in  an  amount  not
 exceeding  five  hundred  thousand  dollars without a formal competitive
 process and for commodities that  are  food,  including  milk  and  milk
 products,  grown,  produced  or harvested in New York state in an amount
 not to exceed two hundred thousand dollars, without a formal competitive
 process.
   6-a. Discretionary purchases. Notwithstanding the provisions of subdi-
 vision two of section one hundred twelve of this chapter relating to the
 dollar  threshold  requiring  the  state   comptroller's   approval   of
 contracts,  the  commissioner  of general services may make purchases or
 enter into contracts for the acquisition of commodities and services for
 the office of general services or its customer agencies serviced by  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13709-01-2
 A. 10424                            2
 
 office of general services [business services center] having a value not
 exceeding  eighty-five  thousand  dollars  without prior approval by any
 other state officer or agency in accordance with procedures and require-
 ments set forth in this article.
   §  2.  Paragraph  (a)  of  subdivision  2  of section 112 of the state
 finance law, as amended by chapter 257 of the laws of 2021,  is  amended
 to read as follows:
   (a)  Before  any contract made for or by any state agency, department,
 board, officer, commission, or institution, except the office of general
 services or its customer agencies serviced  by  the  office  of  general
 services  [business services center], shall be executed or become effec-
 tive, whenever such contract exceeds fifty thousand  dollars  in  amount
 and  before  any contract made for or by the office of general services,
 whether for itself or for its customer agencies serviced by  the  office
 of  general  services  [business  services center], shall be executed or
 become effective, whenever such contract  exceeds  eighty-five  thousand
 dollars  in  amount,  it  shall first be approved by the comptroller and
 filed in his or her office, with the exception of contracts  established
 as  a  centralized  contract  through the office of general services and
 purchase orders or other  procurement  transactions  issued  under  such
 centralized contracts. The comptroller shall make a final written deter-
 mination with respect to approval of such contract within ninety days of
 the  submission  of  such contract to his or her office unless the comp-
 troller shall notify, in writing, the state agency,  department,  board,
 officer,  commission,  or  institution,  prior  to the expiration of the
 ninety day period, and for good cause, of the need for an  extension  of
 not  more than fifteen days, or a reasonable period of time agreed to by
 such state agency, department, board, officer, commission,  or  institu-
 tion and provided, further, that such written determination or extension
 shall  be made part of the procurement record pursuant to paragraph f of
 subdivision one of section one hundred sixty-three of this chapter.
   § 3. This act shall take effect immediately,  provided,  however  that
 the  amendments  to  subdivisions  6 and 6-a of section 163 of the state
 finance law made by section one of this act shall not affect the  repeal
 of such section and shall be deemed repealed therewith.