Requires public authorities and public benefit corporations to negotiate with professional firms providing architectural, engineering, geological, landscape architectural or surveying services in order from the most qualified to the least qualified with regard to the provision of services to the authority or corporation.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5520
SPONSOR: Hyndman TITLE OF BILL:
An act to amend the public authorities law, in relation to requiring
public authorities and public benefit corporations to negotiate with
professional firms providing architectural, engineering, geological,
landscape architectural or surveying services in order from the most
qualified to the least qualified with regard to the provision of
services to the authority or corporation
PURPOSE OF THE BILL:
This bill would allow public authorities a greater opportunity to nego-
tiate with the most qualified architectural, geological, landscape
architectural, and engineering professional firms through annual state-
ments of qualifications and performance data created by professional
firms.
SUMMARY OF PROVISIONS:
§ 1 - Amends subparagraph (iv) of paragraph (b) of subdivision 3 of 2879
of the public Authorities Law. 2 - Effective date.
JUSTIFICATION:
The intent of this bill is to ensure that public authorities and public
benefit corporations receive the services of the most qualified contrac-
tor through the establishment of a new mechanism for the procurement of
engineering, architectural and surveying services. Qualifications Based
Selections (QBS) is a procurement process that is used widely throughout
the country and has recently been adopted by New York City. Instead of
cost-based procurement which focuses primarily on price, QBS procurement
focuses on qualifications and experience as the paramount basis for
selection. However, after the highest technically ranked firm is
selected and the project scope is fully defined, QBS generates a realis-
tic fee based on a fee proposal by the consultant and negotiations with
the agency. If an agency cannot negotiate a fair price with the first
choice consultant, it has the option to negotiate with the next highly
qualified consultant, and so on. QBS allows agencies to select the
design firm with the best experience, capabilities, technical approach
and quality of personnel, matched to the needs of the project and the
agency; generates better plans and specifications, resulting in higher
quality contract documents that make bidding on and carrying out
construction easier; fosters the development of innovative, cost-effec-
tive design solutions at a fair market value, resulting in lower overall
project costs; and generates design solutions that best meet the needs
of the project, emphasizing public health, safety and quality of life.
QBS is mandated in at least 46 other states and has proven to be an
effective procurement tool. QBS generates competition by bringing more
firms into the bidding process. As a result, owners are ensured a better
project and a savings to the taxpayer.
LEGISLATIVE HISTORY:
2023/24: S8122A/ A9575A
2021/22: S5713
2020/21: S5115
2017/18 A.5750/S.5600
2015/16 A.5759A/S.4475A
2013/14 A.7268A/S.6639A
2011/12 A.6814A/S.1363A
FISCAL IMPLICATIONS:
Should result in cost savings for the State.
EFFECTIVE DATE:
This act shall take effect immediately.
