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.