Section 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; and
    d.   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.