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A10424 Summary:

BILL NOA10424
 
SAME ASNo Same As
 
SPONSORRules (Anderson)
 
COSPNSRZebrowski
 
MLTSPNSR
 
Amd §§163 & 112, St Fin L
 
Provides for discretionary buying thresholds for the purchase of services and commodities for the office of general services or its customer agencies.
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A10424 Actions:

BILL NOA10424
 
05/17/2022referred to governmental operations
05/24/2022reported referred to ways and means
06/01/2022reported referred to rules
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A10424 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10424
 
SPONSOR: Rules (Anderson)
  TITLE OF BILL: An act to amend the state finance law, in relation to providing for discretionary buying thresholds for the purchase of services and commod- ities for the office of general services or its customer agencies   PURPOSE: Amend State Finance Law §§ 163 and 112 to increase the discretionary purchasing limit for transactions processed by the Office of General Services ("OGS") on behalf of its hosted agencies to increase efficien- cy, similar to the change made to these laws in 2021 that increased the discretionary purchasing limit for agencies serviced by OGS's Business Services Center ("BSC").   SUMMARY OF PROVISIONS: This bill would amend State Finance Law §§ 163 and 112 to increase the discretionary purchasing limit from $50,000 to $85,000 for transactions processed by OGS on behalf of its hosted agencies to align with the discretionary purchasing limit for OGS.   EXISTING LAW: Currently, OGS's discretionary purchasing limit is $85,000 while the agencies hosted by OGS have a discretionary purchasing limit of $50,000.   LEGISLATIVE HISTORY: This is a new bill.   STATEMENT IN SUPPORT: OGS handles many purchases for hosted agencies, through its Agency Procurement Office. These agencies include the Division of Alcoholic Beverage Control, the Board of Elections, the Division of Veterans' Services, the Hudson River Valley Greenway Communities Council, and the Office of Indigent Legal Services. State Finance Law §§ 163 and 112 were amended in 2021 to allow transactions processed by the BSC up to the OGS discretionary limit, and that change has been a tremendous success and has increased efficiency. The OGS Agency Procurement Office has the processes and controls in place to manage and oversee these purchases, just as it does with OGS purchases. Therefore, the discretionary purchasing limit amount for hosted agencies should be in alignment with the OGS limit   BUDGET IMPLICATION: None.   LOCAL IMPACT: None.
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A10424 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10424
 
                   IN ASSEMBLY
 
                                      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:
 
     1    Section  1. Subdivisions 6 and 6-a of section 163 of the state finance
     2  law, as amended by chapter 257 of the laws of 2021, are amended to  read
     3  as follows:
     4    6. Discretionary buying thresholds. Pursuant to guidelines established
     5  by the state procurement council: the commissioner may purchase services
     6  and commodities for the office of general services or its customer agen-
     7  cies  serviced  by  the  office  of  general services [business services
     8  center] in an amount not exceeding eighty-five thousand dollars  without
     9  a  formal  competitive process; state agencies may purchase services and
    10  commodities in an amount not exceeding fifty thousand dollars without  a
    11  formal  competitive process; and state agencies may purchase commodities
    12  or services from small business concerns or those certified pursuant  to
    13  articles  fifteen-A and seventeen-B of the executive law, or commodities
    14  or technology that are recycled  or  remanufactured  in  an  amount  not
    15  exceeding  five  hundred  thousand  dollars without a formal competitive
    16  process and for commodities that  are  food,  including  milk  and  milk
    17  products,  grown,  produced  or harvested in New York state in an amount
    18  not to exceed two hundred thousand dollars, without a formal competitive
    19  process.
    20    6-a. Discretionary purchases. Notwithstanding the provisions of subdi-
    21  vision two of section one hundred twelve of this chapter relating to the
    22  dollar  threshold  requiring  the  state   comptroller's   approval   of
    23  contracts,  the  commissioner  of general services may make purchases or
    24  enter into contracts for the acquisition of commodities and services for
    25  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
 
     1  office of general services [business services center] having a value not
     2  exceeding  eighty-five  thousand  dollars  without prior approval by any
     3  other state officer or agency in accordance with procedures and require-
     4  ments set forth in this article.
     5    §  2.  Paragraph  (a)  of  subdivision  2  of section 112 of the state
     6  finance law, as amended by chapter 257 of the laws of 2021,  is  amended
     7  to read as follows:
     8    (a)  Before  any contract made for or by any state agency, department,
     9  board, officer, commission, or institution, except the office of general
    10  services or its customer agencies serviced  by  the  office  of  general
    11  services  [business services center], shall be executed or become effec-
    12  tive, whenever such contract exceeds fifty thousand  dollars  in  amount
    13  and  before  any contract made for or by the office of general services,
    14  whether for itself or for its customer agencies serviced by  the  office
    15  of  general  services  [business  services center], shall be executed or
    16  become effective, whenever such contract  exceeds  eighty-five  thousand
    17  dollars  in  amount,  it  shall first be approved by the comptroller and
    18  filed in his or her office, with the exception of contracts  established
    19  as  a  centralized  contract  through the office of general services and
    20  purchase orders or other  procurement  transactions  issued  under  such
    21  centralized contracts. The comptroller shall make a final written deter-
    22  mination with respect to approval of such contract within ninety days of
    23  the  submission  of  such contract to his or her office unless the comp-
    24  troller shall notify, in writing, the state agency,  department,  board,
    25  officer,  commission,  or  institution,  prior  to the expiration of the
    26  ninety day period, and for good cause, of the need for an  extension  of
    27  not  more than fifteen days, or a reasonable period of time agreed to by
    28  such state agency, department, board, officer, commission,  or  institu-
    29  tion and provided, further, that such written determination or extension
    30  shall  be made part of the procurement record pursuant to paragraph f of
    31  subdivision one of section one hundred sixty-three of this chapter.
    32    § 3. This act shall take effect immediately,  provided,  however  that
    33  the  amendments  to  subdivisions  6 and 6-a of section 163 of the state
    34  finance law made by section one of this act shall not affect the  repeal
    35  of such section and shall be deemed repealed therewith.
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