Requires public authorities to negotiate with most qualified architectural and engineering professional firms before negotiating with other firms

BILL NUMBER:S414

Title of bill

An act to amend the public authorities law, in relation to requiring public authorities and public benefits corporations to negotiate with professional firms providing architectural or engineering 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 negotiate with the most qualified architectural and engineering professional firms through annual statements 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 contractor 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 realistic 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 an d carrying out construction easier; fosters the development of innovative, cost-effective 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

2011-12: S.1361A/A.6814 2009-10: S.3531B/A.7056B - Passed Assembly

Fiscal implications

Should result in cost savings for the State.

Effective date

This act shall take effect immediately.