Consultant Disclosure Legislation
Chapter 10 of the Laws of 2006 amends the New York State Finance Law sections 8, 22 and 163 as well as Civil Service Law section 97 by requiring State contractors to report certain employment information to state agencies. As a result of these changes in law, State Contractors are required to disclose, by employment category, the number of persons employed to provide services under the contract, the number of hours worked and the amount paid to the contractor by the State as compensation for work performed by these employees. This includes information on any person working under any subcontracts with a State contractor.
Chapter 10 of the Laws of 2006 expands the definition of contracts for consulting services to include any contract entered into by a State agency for analysis, evaluation, research, training, data processing, computer programming, engineering, environmental, health, and mental health services, accounting, auditing, paralegal, legal, or similar services.
Chapter 10 also mandates that a vendor must report on the employment information as detailed above each year the contract is in effect. FORM B "Contractor's Annual Employment Report" must be used for the annual reporting requirement and is due by May 15th of each calendar year. FORM B must be submitted each year the contract is in effect and will capture historical information detailing actual employment data for the most recently concluded State fiscal year (April 1 - March 31).
Completing the Forms:
Form A and Form B should be completed for contracts for consulting services in accordance with the following:
Scope of Contract: a general classification of the single category that best fits the predominate nature of the services provided under the contract.
- Employment Category: the specific occupation(s), as listed in the O*NET occupational classification system, which best describe the employees providing services under the contract.
- (Note: To find a list of occupations access the O*NET database which is available through the Department of Labor on-line at online.onetcenter.org.)
Number of Employees: the total number of employees in the employment category employed to provide services under the contract during the Report Period, including part time employees and employees of subcontractors.
Number of hours (to be) worked: for Form A, the total number of hours to be worked, and for Form B, the total number of hours worked during the Report Period by the employees in the employment category.
Amount Payable under the Contract: the total amount payable or paid by the State to the State contractor under the contract, for work by the employees in the employment category, for services provided during the Report Period.
FORM A MUST BE COMPLETED AND RETURNED TO THE UNIVERSITY WITH YOUR BID PACKAGE.
FORM B MUST BE COMPLETED AND SUBMITTED TO:
NYS Office of the State Comptroller
Bureau of Contracts
110 State Street, 11th Floor
Albany, New York 12236
Attn: Consultant Reporting
By fax: (518) 474-8030 or (518) 473-8808
NYS Department of Civil Service
Alfred E. Smith Office Building
Albany, New York 12239
University at Albany
1400 Washington Avenue
Albany, New York 12222
Attn: Purchasing & Contracts
By fax: (518) 437-4571