N.Y. Pub. Bldgs. Law § 9
Current through 2024 NY Law Chapter 679
[Effective until 6/30/2025]
Notwithstanding any other provision of this law or any general or special law, where there is a construction emergency, as defined by subdivision one of this section, the commissioner of general services may, upon written notice of such construction emergency from an authorized officer of the department or agency having jurisdiction of the property, let emergency contracts for public work or the purchase of supplies, materials or equipment without complying with formal competitive bidding requirements, provided that all such contracts shall be subject to the approval of the attorney general and the comptroller and that no such contract shall exceed one million five hundred thousand dollars. Such emergency contracts shall be let only for work necessary to remedy or ameliorate a construction emergency.[Effective 6/30/2025]
Notwithstanding any other provision of this law or any general or special law, where there is a construction emergency, as defined by subdivision one of this section, the commissioner of general services may, upon written notice of such construction emergency from an authorized officer of the department or agency having jurisdiction of the property, let contracts for public work or the purchase of supplies, materials or equipment without complying with formal competitive bidding requirements, provided that all such contracts shall be subject to the approval of the attorney general and the comptroller and that no such contract shall exceed one million five hundred thousand dollars.[Expires 6/30/2025]
Bidders for such construction emergency contracts shall be solicited from a list of bidders, which shall be regional in scope, established by the office of general services based on an invitation to contractors including certified minority and women-owned contractors to be so listed, subject to approval by the office of general services, advertised annually in the procurement opportunities newsletter published by the department of economic development, in the public notification service of the office of general services and by newspaper advertisement as provided in section eight of this article. The office of general services shall seek to provide prime contract bidding opportunities for minority and women-owned contractors in the letting of such emergency contracts. From such list of bidders, the office of general services shall solicit bidders sequentially or by rotation in such manner that the listed potential bidders shall be solicited consecutively, to the extent practicable, and thereby given fair opportunity to bid in the course of successive needs for emergency contracts. The office of general services may remove any bidder from such lists for nonresponsibility or nonreliability. The emergency contracts let under this section in each month shall be published by the office of general services in the public notification service.The department or agency having jurisdiction of the property shall promptly and diligently take all actions and prepare and submit the required documentation relating to the contract award for the repair and remediation of the construction emergency, as necessary to deliver to the office of the state comptroller as early as practicable prior to the thirtieth day following the commencement of the work all such documentation required for the comptroller's approval of the contract.
N.Y. Pub. Bldgs. Law § 9