Section 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 three 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, 2011
    * 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 forty thousand dollars.
    * NB Effective June 30, 2011
    3. 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, 2011
    * 5.  On  or  before  January  thirty-first  of  each  year, the state
  comptroller shall file a report with the chairs of  the  senate  finance
  committee  and  the  assembly  ways  and  means  committee  listing  the
  construction emergency contracts let under the terms of this section  in
  an amount exceeding ten thousand dollars and approved by the comptroller
  during  the  preceding  calendar  year. The report shall with respect to
  each such contract state the amount thereof, the name and address of the
  contractor, the scope of the work of the contract and the nature of  the
  emergency for which it was let.
    * NB Expires June 30, 2011