SUBJECT:

PURPOSE:

Albany

September 27, 2005
Tuesday
11:00 a.m.
Chancellor's Hall
State Education Building
89 Washington Avenue - entrance on Hawk Street

In 1995, the Procurement Stewardship Act (State Finance Law, Article 11) was enacted in order to consolidate, codify and update the procurement laws of New York State. Recognizing that the law would need to be periodically reevaluated, the Legislature enacted an original sunset date of 2000 for the law. At that time it was renewed for an additional five years. This year, a one-year extender was enacted in the budget, providing additional time for a reevaluation of New York State’s procurement law.

When the Stewardship Act was renewed in 2000, a number of significant changes were made to the State Finance Law. This hearing will obtain information in order to review the impact of those changes. It also seeks comment on a number of issues that significantly impact the State procurement laws and bills that have been introduced to improve the State’s procurement process. Issues and related bills on which testimony is invited include:

• Accountability reform (A.3454, A.4564, A.7575, A.8231, A.8397);
• Responsibility of bidders (A.1080, A.4562, A.4568);
• Bid evaluation (A.1081);
• Procurement challenges (A.1082);
• Emergency procurement procedures (A.1083);
• Remanufacturing (A.2948);
• Green procurement (A.7257);
• Preferences (A.7310); and
• Notice of Opportunities (A.8873).

Please see below for a list of questions to which witnesses may direct their testimony, and for a description of the bills which will be discussed at the hearing.

Persons wishing to present pertinent testimony to the Committees at the above hearing should complete and return the reply form found below as soon as possible. It is important that the reply form be fully completed and returned so that persons may be notified in the event of emergency postponement or cancellation.

Oral testimony will be limited to ten minutes’ duration. Twenty copies of any prepared testimony should be submitted at the hearing registration desk. The Committees would appreciate advance receipt of prepared statements.

In order to further publicize these hearings, please inform interested parties and organizations of the Committees’ interest in hearing testimony from all sources.

In order to meet the needs of those who may have a disability, the Assembly, in accordance with its policy of non-discrimination on the basis of disability, as well as the 1990 Americans with Disabilities Act (ADA), has made its facilities and services available to all individuals with disabilities. For individuals with disabilities, accommodations will be provided, upon reasonable request, to afford such individuals access and admission to Assembly facilities and activities.

SELECTED ISSUES TO WHICH WITNESSES MAY DIRECT THEIR TESTIMONY:

Testimony does not have to address each issue listed below. Please use the issues provided as guidance when preparing your remarks.

1. Should any amendments be made to the Act when reauthorizing the Procurement Stewardship Act, and if so, what should the changes be?

2. How have the incentive programs in the State’s procurement laws that seek to encourage contracts with small and certified minority-and women-owned businesses and the purchase of recycled and remanufacturing products functioned? Are these incentives meeting the needs of their constituencies and that of the State? Should discretionary buying thresholds for these programs be adjusted?

3. Are small and minority-and-women owned businesses notified of procurement opportunities in an efficient and effective manner?

4. Should changes be made to the Contract Reporter and the Empire State Builder?

5. What changes, if any, should be made to ensure that New York State is doing business with responsible firms and to ensure the integrity of the procurement process?

6. To what extent should New York implement debarment as a penalty for non-responsible bidders?

7. Are there processes that can be streamlined to reduce the administrative burden on the State and on contractors?

8. Should centralized contracts be expanded to include more types of services or commodities? Should participation in centralized contracts be changed? Does the use of centralized contracts impede participation by small businesses? Should discretionary thresholds be adjusted?

9. How effective is the State in tracking and monitoring purchases made by all entities (State agencies, local governments, and not-for-profits) off of centralized state contracts? Is this purchasing experience considered when the State negotiates a new contract for the same purpose?

10. What steps should the State take with respect to "green procurement"?

11. Should changes be made to address award debriefings and procurement challenge procedures?

PUBLIC HEARING REPLY FORM

Persons wishing to present testimony at the public hearing on remanufacturing procurement are requested to complete this reply form as soon as possible and mail it to:

Cheryl Couser
Senior Policy Analyst
Assembly Committee on Governmental Operations
Room 513 - Capitol
Albany, New York 12248
Phone: (518) 455-4355
Fax: (518) 455-4128

I will address my remarks to the following subjects:

I will require assistance and/or handicapped accessibility information. Please specify the type of assistance required: