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

5 Co-sponsors

• Fredrick J. Akshar II
• George Amedore
• Kemp Hannon
• Michael H. Ranzenhofer
• David J. Valesky

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 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 require public authorities 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 Section 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 and 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 late. UBS 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

2013/14 - A7268A/S.6639A 2011/12 - A 6814-A/S.1363-A Referred to Corporations, Authorities & Commissions 2009/10 - S.3531B - Died in Rules/A.7056B - Passed Assembly 2008 - Similar to A.11204/S.8305 In 2007 - Similar to A.5933/S.2162 (Veto Message 93) 2005-06 - A.5672A/S.1894A 2003/04 A.11880/S.7776 and A.6028/S.3908 (Veto Message 245)

Fiscal implications

Should result in cost savings for the State.

Effective date

This act shall take effect immediately. LEGISLATIVE HISTORY : New bill FISCAL IMPLICATIONS : See fiscal note. EFFECTIVE DATE : This act shall take effect immediately.