July 1, 2013

No. 105: Temporary Suspension of Provisions Relating to State Contracts and for the Repair of State Facilities for the State Disaster Emergency

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WHEREAS, on June 28, 2013, I issued Executive Order Number 103, declaring a disaster emergency in the Counties of Broome, Chenango, Clinton, Delaware, Essex, Franklin, Herkimer, Madison, Montgomery, Oneida, Otsego, Tioga, Schoharie, St. Lawrence and Warren;

 

NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend specific provisions of any statute, local law, ordinance, orders, rules or regulations, or parts thereof, of any agency during a State disaster emergency, if compliance with such provisions would prevent, hinder or delay action necessary to cope with the disaster, hereby temporarily suspend, for the period from the date of this Executive Order until further notice, the following laws:

 

Section 3 of the Public Buildings Law, to the extent the Commissioner of General Services determines it necessary to lease space for relocation and support of ongoing operations of State agencies, departments, commissions, boards and officers;

 

Section 9(2) and (4) of the Public Buildings Law, to the extent the Commissioner of General Services determines it necessary to authorize the award of emergency contracts and/or to combine design and construction services in contracts and/or to use such contracts and services when needed at a value above three hundred thousand dollars;

 

Sections 135 and 136-a of the State Finance Law, to the extent the Commissioner of General Services determines it necessary to combine design and construction services in one contract and/or to obtain design and construction inspection services;

 

Section 163 of the State Finance Law, to the extent that the Commissioner of General Services may enter into contracts and purchase necessary commodities, services, technology and materials without following the standard procurement processes;

 

Section 112 of the State Finance Law, to the extent consistent with Article V, Section 1 of the State Constitution, and to the extent that the Commissioner of General Services determines it necessary to add additional work, sites and times to State contracts, to award leases for relocation and support of state operations under Public Buildings Law Section 3, to award emergency contracts under Public Buildings Law Section 9, to award emergency contracts for professional services under Section 136-a of the State Finance Law and to award emergency contracts for commodities, services, technology and materials pursuant to Section 163 of the State Finance Law;

 

Section 112 of the State Finance Law, to the extent that the New York State Thruway Authority or the Canal Corporation determines it necessary to add additional work, sites and times to contracts of the Authority or the Corporation or to award emergency contracts;

 

Article 4-C of the Economic Development Law, and Section 359 of the Public Authorities Law, to the extent that the New York State Thruway Authority or the Canal Corporation determines it necessary to authorize the award of emergency contracts;

 

Section 359-a and Section 2879 of the Public Authorities Law to the extent of allowing the New York State Thruway Authority and the Canal Corporation to purchase necessary goods and services without following the standard procurement processes;

 

Article 27 of the Environmental Conservation Law, and Part 360 of Title 6 of the New York Codes, Rules and Regulations, to the extent the New York State Thruway Authority or the Canal Corporation determines it immediately necessary to create new upland disposal sites for emergency dredging; and

 

Article 8 of the Environmental Conservation Law, and Part 15 of Title 17 and Part 617 of Title 6 of the New York Codes, Rules and Regulations, to the extent that the Commissioner of General Services, the New York State Thruway Authority or the Canal Corporation determines that work is immediately necessary for the replacement, rehabilitation, or reconstruction of structures and facilities.

 

G I V E N under my hand and the Privy Seal of the
State in the City of Albany this first day
of July in the year two thousand
thirteen.

BY THE GOVERNOR

 

Secretary to the Governor

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