2010 New York Code
SOS - Social Services
Article 2 - (5 - 40) DEPARTMENT AND STATE BOARD OF SOCIAL WELFARE
20-C - Privatization.

§  20-c.  Privatization.  1.  Except  as  otherwise  specified  in the
  appropriation for system support and information services program in the
  office of temporary  disability  assistance  within  the  department  of
  family assistance, the department shall not enter into any contract with
  a private entity under which that entity would perform any of the public
  assistance  and  care  eligibility  determination  functions,  duties or
  obligations of the department as set forth in this chapter.
    (b) Social services districts may enter into a contract  or  agreement
  for  the  performance of functions, duties or obligations required to be
  performed pursuant to this chapter, however, the  collective  bargaining
  representative  of  employees  who  normally  perform  such functions or
  provide such  services  for  such  social  services  district  shall  be
  permitted  the  opportunity  to  competitively  bid for any contract let
  pursuant to this section with  the  overall  cost  and  quality  of  the
  proposal being major criteria in the selection.
    2. No contract with a contractor for services pursuant to this section
  shall  be  entered  into  by the office or district unless the office or
  district contracting for such service has:
    (a)  Provided  the  certified   collective   bargaining   organization
  representing the permanent employees affected by the district's exercise
  of  its  right  to  contract  out  with sixty days advance notice of its
  intent to contract out for services pursuant to this section;
    (b) Considered whether the proposed contract  will  result  in  actual
  cost savings to the office; and
    (c) Evaluated and made a favorable determination based upon a required
  disclosure  of  information  from the potential contractor regarding any
  final  actions  relating  to  (a)  the  responsibility  taken   by   any
  contracting agency, law enforcement authority or the department of labor
  against  bidders,  contractors  or  subcontractors  and  (b)  debarments
  pursuant to express statutory authorization.
    3. A contract shall not be approved unless it contains  a  description
  of  the  service  quality  expectations  pursuant  to the contract and a
  description of the method by which the  quality  of  services  shall  be
  monitored  and evaluated by the district based upon specific performance
  measures contained in the contract. The proposed contract  must  include
  specific  provisions  pertaining to the qualifications of the staff that
  will perform the work under the contract. The  proposed  contract  shall
  contain specific information regarding the actual number of employees to
  be  retained,  hours  of work, wage rates and associated benefit levels,
  titles, and job descriptions.
    4. Existing rights.  Nothing  in  this  section  shall  be  deemed  to
  diminish  the  rights, privileges, or remedies of any employee under any
  other local law or under the applicable collective bargaining agreement.
    5. The provisions of  this  section  shall  not  impair,  restrict  or
  otherwise  modify  applicable restrictions contained in federal  law and
  regulations promulgated thereto.