S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6998
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2021
                                ___________
 
 Introduced  by  Sen.  REICHLIN-MELNICK  --  (at request of the Office of
   General Services) -- read twice and ordered printed, and when  printed
   to be committed to the Committee on Procurement and Contracts
 
 AN  ACT  to  amend  the  state finance law, in relation to providing for
   discretionary buying thresholds

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 6 of section 163 of the state finance law, as
 amended by chapter 96 of the  laws  of  2019,  is  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 commod-
 ities 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.
   §  2.  Subdivision  6-a  of  section  163 of the state finance law, as
 amended by chapter 173 of the laws  of  2014,  is  amended  to  read  as
 follows:
   6-a. Discretionary purchases. Notwithstanding the provisions of subdi-
 vision two of section one hundred twelve of this chapter relating to the

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

                                                            LBD09952-01-1

 S. 6998                             2
 
 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
 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.
   § 3. Paragraph (a) of subdivision  2  of  section  112  of  the  state
 finance  law,  as  amended  by section 18 of part L of chapter 55 of the
 laws of 2012, 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.
   §  4.  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 sections one and two of this act shall not affect
 the repeal of such section and shall be deemed to repeal therewith.