§ 3-0309 — Stand-by contracts

§ 3-0309. Stand-by contracts.\n 1. Consistent with the commissioner's authority to undertake such\nactivities pursuant to this chapter, the state public health law, the\npublic authorities law and the state finance law, the commissioner may\nenter into stand-by contracts for the purpose of achieving timely and\neffective remedies in a cost-effective manner for:\n a. services related to a release or a suspected release of a hazardous\nsubstance as defined in section 40-0105 of this chapter and regulations\npromulgated thereunder;\n b. other than for major physical construction associated with\npermanent remedial actions, the cleanup or return to its original state\nof any area where hazardous wastes were disposed, possessed, or dealt in\nunlawfully in violation of section 27-0914 of this chapter;\n c. emergency response action to clean up spills or abate other public\nhealth or environmental hazards involving hazardous wastes; and\n d. other than for major physical construction associated with\npermanent remedial actions, all services related to the investigation in\nsupport of, or to the development, implementation and oversight of the\nprogram for remediation of inactive hazardous waste disposal sites\npursuant to article 27 of this chapter.\n 2. For the purposes of this section, a stand-by contract shall mean a\ncontract which provides for services and goods to be rendered to the\ndepartment, at prenegotiated rates or predetermined unit prices, with\nsuch services or goods to be supplied by the contractor only when and\nwhere directed to do so by the commissioner. All such contracts shall be\nsubject to the approval of the state comptroller in accordance with\nsection one hundred twelve of the state finance law; however, such\napproval shall not obligate to any particular contract any specific\namount of funds, but shall obligate on an individual basis, as such\ncontracts are utilized, the actual amount required to pay for work\nperformed pursuant to such contracts except that a maximum dollar amount\nshall be placed on each such contract. Any necessary approvals of\navailability of funds for a particular project in accordance with any\nprovision of the state finance law shall be made as soon as possible\nafter any activity identified in subdivision one of this section is\nordered by the commissioner, or undertaken by the contractor.\n 3. Nothing in this section shall be deemed to alter the authority\nconferred upon the commissioner to conduct the activities identified in\nsubdivision one of this section, or to modify the requirements which are\nestablished by this chapter, the state public health law, the public\nauthorities law, or section ninety-seven-b of the state finance law and\nare applicable to such activities.\n 4. The department in cooperation with the state comptroller shall as\nsoon as practicable and prior to the execution of stand-by contracts\npursuant to this section develop and implement a stand-by contract\nmanagement protocol system. Such system shall provide for but not be\nlimited to:\n a. guidelines for selecting contractors based upon section one hundred\nthirty-six-a of the state finance law, if applicable, and upon other\nfactors which shall include but are not limited to past performance,\nreasonableness of prices charged for specific tasks, and overall\nqualifications of the contractor;\n b. departmental bid or proposal analysis and negotiation documentation\nrequirements;\n c. contractor reporting and documentation requirements;\n d. formal procedures for inspecting contractor work and reviewing\npayment requests;\n e. maintenance of equipment inventory with location; and\n f. requirements and controls for subcontractors.\n 5. The department shall submit to the director of the division of the\nbudget, the temporary president and minority leader of the senate, the\nspeaker and minority leader of the assembly, the chairman and ranking\nminority member of the senate finance committee and the chairman and\nranking minority member of the assembly ways and means committee an\nevaluation and audit of the department's use of stand-by contracts\npursuant to this section prepared by an entity independent of the\ndepartment. Such entity may be the office of the state comptroller.\nSuch evaluation and audit shall be submitted by September first,\nnineteen hundred ninety and by September first, every two years\nthereafter.\n