Single Source Procurement: BEACH Act

Pursuant to New York State Finance Law § 163.10(b), The New York State Department of Health is presenting the following summary of relevant circumstances, and material and substantial reasons why a competitive procurement was not feasible. The New York State Department of Health BEACH Act Program has made a determination to issue a Single Source Procurement to 9 eligible grantees to support ongoing currently funded projects. The Department of Health is requesting a 12-month extension of 9 existing contracts with local health departments for the Beaches Environmental Assessment of Coastal Health (BEACH) Act program. Under the BEACH Act, the Environmental Protection Agency (EPA) awards grants to help local government partners monitor water quality at coastal and Great Lakes beaches. Funds are utilized to monitor for indicators of fecal pollution, to act in closing the contaminated beach, and to provide notification to the bathers on health risks and reason(s) for closure. Exposure to contaminated bathing water can cause a variety of illnesses that impact bathers and can be spread to others in the community.

This program is supported through contracts with nine (9) local health departments (Chautauqua, Erie, Monroe, Nassau, Niagara, Oswego, Suffolk and Westchester) and a Memorandum of Understanding with the New York State Office of Parks, Recreation & Historic Preservation.

A non-competitive procurement was approved in 2014 for a five (5) year term (10/01/2014 – 09/30/2019). In November 2019, a one-year extension was approved while the program sought to revise the funding methodology prior to a new non-competitive procurement, as a result of funding reductions.

The nine (9) contract amendments were in various stages of approval in March 2020, when staff resources were redirected solely to COVID-19 emergency response efforts. Several of the 10/1/2019-09/30/2020 amendments have not yet been executed. Additionally, Department staff have not had sufficient opportunity to plan for the next procurement. As such, we would to request an additional one-year extension and move these paper contracts into the Grants Gateway with a term of 10/01/2019 – 9/30/2021.

Procurement / Program Name	BEACH Act
Contractor Name(s)	Multiple Contractors - See attached List
Contract Period	10/1/2020 – 9/30/2021
Contract Number	Various Contract Numbers - See attached List