§ 9 — Construction emergencies

§ 9. Construction emergencies. 1. A "construction emergency" is damage\nto or a malfunction in buildings or property of the state of New York\ncaused by an unanticipated, sudden and unexpected occurrence which\ninvolves a pressing necessity for immediate repair, reconstruction or\nmaintenance in order to permit the safe continuation of a necessary\npublic use or function, or to protect the property of the state of New\nYork, or the life, health or safety of any person.\n * 2. Notwithstanding any other provision of this law or any general or\nspecial law, where there is a construction emergency, as defined by\nsubdivision one of this section, the commissioner of general services\nmay, upon written notice of such construction emergency from an\nauthorized officer of the department or agency having jurisdiction of\nthe property, let emergency contracts for public work or the purchase of\nsupplies, materials or equipment without complying with formal\ncompetitive bidding requirements, provided that all such contracts shall\nbe subject to the approval of the attorney general and the comptroller\nand that no such contract shall exceed one million five hundred thousand\ndollars. Such emergency contracts shall be let only for work necessary\nto remedy or ameliorate a construction emergency.\n * NB Effective until June 30, 2028\n * 2. Notwithstanding any other provision of this law or any general or\nspecial law, where there is a construction emergency, as defined by\nsubdivision one of this section, the commissioner of general services\nmay, upon written notice of such construction emergency from an\nauthorized officer of the department or agency having jurisdiction of\nthe property, let contracts for public work or the purchase of supplies,\nmaterials or equipment without complying with formal competitive bidding\nrequirements, provided that all such contracts shall be subject to the\napproval of the attorney general and the comptroller and that no such\ncontract shall exceed one million five hundred thousand dollars.\n * NB Effective June 30, 2028\n 3. The office of general services shall prepare and maintain a written\nrecord of each transaction entered into, pursuant to the provisions of\nthis section, setting forth (a) the nature of such emergency, (b) the\neffect thereof on public property, on the operation of government or on\nlife, health or safety of any person, (c) a detailed description of the\nwork to be performed and the cost of such work, (d) engineering and\narchitectural evaluation showing the need for immediate action, and (e)\nthe notice of construction emergency from the department or agency\nrequesting such work. At least three oral competitive bids shall be\nsolicited and written confirmation of each solicitation shall be\nfurnished within a reasonable time and maintained as an official record.\n * 4. Bidders for such construction emergency contracts shall be\nsolicited from a list of bidders, which shall be regional in scope,\nestablished by the office of general services based on an invitation to\ncontractors including certified minority and women-owned contractors to\nbe so listed, subject to approval by the office of general services,\nadvertised annually in the procurement opportunities newsletter\npublished by the department of economic development, in the public\nnotification service of the office of general services and by newspaper\nadvertisement as provided in section eight of this article. The office\nof general services shall seek to provide prime contract bidding\nopportunities for minority and women-owned contractors in the letting of\nsuch emergency contracts. From such list of bidders, the office of\ngeneral services shall solicit bidders sequentially or by rotation in\nsuch manner that the listed potential bidders shall be solicited\nconsecutively, to the extent practicable, and thereby given fair\nopportunity to bid in the course of successive needs for emergency\ncontracts. The office of general services may remove any bidder from\nsuch lists for nonresponsibility or nonreliability. The emergency\ncontracts let under this section in each month shall be published by the\noffice of general services in the public notification service.\n The department or agency having jurisdiction of the property shall\npromptly and diligently take all actions and prepare and submit the\nrequired documentation relating to the contract award for the repair and\nremediation of the construction emergency, as necessary to deliver to\nthe office of the state comptroller as early as practicable prior to the\nthirtieth day following the commencement of the work all such\ndocumentation required for the comptroller's approval of the contract.\n * NB Expires June 30, 2028\n