NY Env Conserv L § 3-0309 (2021)
2021 New York Laws ENV - Environmental Conservation Article 3 - Department of Environmental Conservation; General Functions, Powers, Duties and Jurisdiction Title 3 - General Functions, Powers, Duties and Jurisdiction 3-0309 - Stand-by Contracts.

§ 3-0309. Stand-by contracts.1.  Consistent  with  the  commissioner's  authority to undertake such   activities pursuant to this chapter, the state public  health  law,  the   public  authorities  law and the state finance law, the commissioner may   enter into stand-by contracts for the purpose of  achieving  timely  and   effective remedies in a cost-effective manner for:a. services related to a release or a suspected release of a hazardous   substance  as defined in section 40-0105 of this chapter and regulations   promulgated thereunder;b.  other  than  for  major  physical  construction  associated   with   permanent  remedial actions, the cleanup or return to its original state   of any area where hazardous wastes were disposed, possessed, or dealt in   unlawfully in violation of section 27-0914 of this chapter;c. emergency response action to clean up spills or abate other  public   health or environmental hazards involving hazardous wastes; andd.   other  than  for  major  physical  construction  associated  with   permanent remedial actions, all services related to the investigation in   support of, or to the development, implementation and oversight  of  the   program  for  remediation  of  inactive  hazardous  waste disposal sites   pursuant to article 27 of this chapter.2. For the purposes of this section, a stand-by contract shall mean  a   contract  which  provides  for  services and goods to be rendered to the   department, at prenegotiated rates or predetermined  unit  prices,  with   such  services  or  goods to be supplied by the contractor only when and   where directed to do so by the commissioner. All such contracts shall be   subject to the approval of the  state  comptroller  in  accordance  with   section  one  hundred  twelve  of  the  state finance law; however, such   approval shall not obligate to  any  particular  contract  any  specific   amount  of  funds,  but  shall  obligate on an individual basis, as such   contracts are utilized, the actual  amount  required  to  pay  for  work   performed pursuant to such contracts except that a maximum dollar amount   shall  be  placed  on  each  such  contract.  Any necessary approvals of   availability of funds for a particular project in  accordance  with  any   provision  of  the  state  finance law shall be made as soon as possible   after any activity identified in subdivision  one  of  this  section  is   ordered by the commissioner, or undertaken by the contractor.3.  Nothing  in  this  section  shall be deemed to alter the authority   conferred upon the commissioner to conduct the activities identified  in   subdivision one of this section, or to modify the requirements which are   established  by  this  chapter,  the state public health law, the public   authorities law, or section ninety-seven-b of the state finance law  and   are applicable to such activities.4.  The  department in cooperation with the state comptroller shall as   soon as practicable and prior to the  execution  of  stand-by  contracts   pursuant  to  this  section  develop  and  implement a stand-by contract   management protocol system. Such system shall provide  for  but  not  be   limited to:a. guidelines for selecting contractors based upon section one hundred   thirty-six-a  of  the  state  finance law, if applicable, and upon other   factors which shall include but are not  limited  to  past  performance,   reasonableness  of  prices  charged  for  specific  tasks,  and  overall   qualifications of the contractor;b. departmental bid or proposal analysis and negotiation documentation   requirements;c. contractor reporting and documentation requirements;d. formal procedures for  inspecting  contractor  work  and  reviewing   payment requests;e. maintenance of equipment inventory with location; and f. requirements and controls for subcontractors.5.  The department shall submit to the director of the division of the   budget, the temporary president and minority leader of the  senate,  the   speaker  and  minority  leader of the assembly, the chairman and ranking   minority member of the senate finance committee  and  the  chairman  and   ranking  minority  member  of  the  assembly ways and means committee an   evaluation and audit of  the  department's  use  of  stand-by  contracts   pursuant  to  this  section  prepared  by  an  entity independent of the   department. Such entity may be the  office  of  the  state  comptroller.   Such  evaluation  and  audit  shall  be  submitted  by  September first,   nineteen  hundred  ninety  and  by  September  first,  every  two  years   thereafter.