NY Pub Bldgs L § 9 (2021)
2021 New York Laws PBB - Public Buildings Article 2 - Commissioner of General Services 9 - Construction Emergencies.

§ 9. Construction emergencies. 1. A "construction emergency" is damage   to  or  a  malfunction in buildings or property of the state of New York   caused by an  unanticipated,  sudden  and  unexpected  occurrence  which   involves  a  pressing  necessity for immediate repair, reconstruction or   maintenance in order to permit the  safe  continuation  of  a  necessary   public  use  or function, or to protect the property of the state of New   York, or the life, health or safety of any person.* 2. Notwithstanding any other provision of this law or any general or   special law, where there is a  construction  emergency,  as  defined  by   subdivision  one  of  this section, the commissioner of general services   may,  upon  written  notice  of  such  construction  emergency  from  an   authorized  officer  of  the department or agency having jurisdiction of   the property, let emergency contracts for public work or the purchase of   supplies,  materials  or  equipment  without   complying   with   formal   competitive bidding requirements, provided that all such contracts shall   be  subject  to the approval of the attorney general and the comptroller   and that no such contract shall exceed one million five hundred thousand   dollars. Such emergency contracts shall be let only for  work  necessary   to remedy or ameliorate a construction emergency.* NB Effective until June 30, 2022* 2. Notwithstanding any other provision of this law or any general or   special  law,  where  there  is  a construction emergency, as defined by   subdivision one of this section, the commissioner  of  general  services   may,  upon  written  notice  of  such  construction  emergency  from  an   authorized officer of the department or agency  having  jurisdiction  of   the property, let contracts for public work or the purchase of supplies,   materials or equipment without complying with formal competitive bidding   requirements,  provided  that all such contracts shall be subject to the   approval of the attorney general and the comptroller and  that  no  such   contract shall exceed one million five hundred thousand dollars.* NB Effective June 30, 20223. The office of general services shall prepare and maintain a written   record  of  each transaction entered into, pursuant to the provisions of   this section, setting forth (a) the nature of such  emergency,  (b)  the   effect  thereof on public property, on the operation of government or on   life, health or safety of any person, (c) a detailed description of  the   work  to  be  performed  and  the cost of such work, (d) engineering and   architectural evaluation showing the need for immediate action, and  (e)   the  notice  of  construction  emergency  from  the department or agency   requesting such work. At least three  oral  competitive  bids  shall  be   solicited  and  written  confirmation  of  each  solicitation  shall  be   furnished within a reasonable time and maintained as an official record.* 4. Bidders  for  such  construction  emergency  contracts  shall  be   solicited  from  a  list  of  bidders, which shall be regional in scope,   established by the office of general services based on an invitation  to   contractors  including certified minority and women-owned contractors to   be so listed, subject to approval by the  office  of  general  services,   advertised   annually   in   the  procurement  opportunities  newsletter   published by the department  of  economic  development,  in  the  public   notification  service of the office of general services and by newspaper   advertisement as provided in section eight of this article.  The  office   of  general  services  shall  seek  to  provide  prime  contract bidding   opportunities for minority and women-owned contractors in the letting of   such emergency contracts. From such  list  of  bidders,  the  office  of   general  services  shall  solicit bidders sequentially or by rotation in   such manner  that  the  listed  potential  bidders  shall  be  solicited   consecutively,  to  the  extent  practicable,  and  thereby  given  fair   opportunity to bid in the  course  of  successive  needs  for  emergency    contracts.  The  office  of  general services may remove any bidder from   such  lists  for  nonresponsibility  or  nonreliability.  The  emergency   contracts let under this section in each month shall be published by the   office of general services in the public notification service.The  department  or  agency  having jurisdiction of the property shall   promptly and diligently take all actions  and  prepare  and  submit  the   required documentation relating to the contract award for the repair and   remediation  of  the  construction emergency, as necessary to deliver to   the office of the state comptroller as early as practicable prior to the   thirtieth  day  following  the  commencement  of  the  work   all   such   documentation required for the comptroller's approval of the contract.* NB Expires June 30, 2022