General Provisions for Purchasing Services
NY-ADR
7/11/07 N.Y. St. Reg. GNS-28-07-00001-P
NEW YORK STATE REGISTER
VOLUME XXIX, ISSUE 28
July 11, 2007
RULE MAKING ACTIVITIES
OFFICE OF GENERAL SERVICES
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. GNS-28-07-00001-P
General Provisions for Purchasing Services
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed action:
This is a consensus rule making to add section 250.4(f) to Title 9 NYCRR.
Statutory authority:
Executive Law, section 200; State Finance Law, section 163(4); and L. 2006, ch. 11, section 4
Subject:
General provisions for purchasing services.
Purpose:
To require contractors and subcontractors to submit annual employment reports.
Text of proposed rule:
Subdivision (f) of section 250.4 is added to read as follows:
(f) All state agencies shall require all contractors, including subcontractors, that provide services for state purposes pursuant to a contract, to submit an annual employment report for each contract for services that includes for each employment category within the contract the number of employees employed to provide services under the contract, the number of hours they work and their total compensation under the contract. Employment records shall be submitted to the agency that awarded the contract, the department of civil service and the department of audit and control and shall be available for public inspection and copying pursuant to section eighty-seven of the public officers law provided that in disclosing such reports pursuant to the public officers law, the agency making the disclosure shall redact the name or social security number of any individual employee that is included in such document.
Text of proposed rule and any required statements and analyses may be obtained from:
Paula Hanlon, Office of General Services, Corning Tower, 41st Fl., Empire State Plaza, Albany, NY 12242, (518) 474-0571, e-mail: [email protected]
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Consensus Rule Making Determination
This rule is being proposed as a consensus rule because, in accordance with State Administrative Procedure Act § 102 (11) (b), it implements or confirms to non-discretionary statutory provisions. Chapter 11 of the Laws of 2006 added paragraph (g) to State Finance Law § 163(4) (General Provisions for Purchasing Services) to require contractors and subcontractors, providing services for State purposes pursuant to a contract, to submit annual employment reports.
As New York State's primary procurement agency, it is important that OGS regulations reflect and include the statutory additions regarding employment reporting requirements for contractors and subcontractors. 9 NYCRR § 250.4 must reflect the addition of § 163(4)(g). As a result, the proposed rule adds a new § 250.4(f).
Job Impact Statement
The Office of General Services projects no substantial adverse impact on jobs or employment opportunities in the State of New York as a result of this rule. The rule simply mirrors the language in State Finance Law § 163 (4) (g) as amended by Section 4 of Chapter 11 of the Laws of 2006. The rule would require contractors and subcontractors, providing services for State purposes pursuant to a contract, to submit annual employment reports.
There will be no change in the number of agency employees as a result of these regulations. Nothing in the proposed regulations will increase or decrease the number of jobs in New York State, have an adverse impact on specific regions in New York State, or negatively impact jobs in New York State.
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