Current through Register Vol. 46, No. 39, September 25, 2024
WHEREAS, the not-for-profit agency network plays a vital
role in delivering a variety of health, education and human services for the
State; and
WHEREAS, State agencies must act responsibly to speed the
processing of contracts and avoid late payments to such not-for-profit
agencies; and
WHEREAS, most delays can be eliminated by better processing
practices by the State's program and control agencies, as well as by the
not-for-profit agencies themselves; and
WHEREAS, the Governor's Office of Management and
Productivity, the Comptroller's Office and the Division of the Budget have
worked on several pilot projects to improve contract processing, and have
identified specific additional ways to expedite the contracting process;
NOW THEREFORE, I, Mario M. Cuomo, Governor of the State of
New York, by virtue of the authority vested in me by the Constitution and Laws
of the State of New York, do hereby direct all State departments, offices,
divisions, commissions, councils, boards, bureaus, and agencies (hereinafter
department), to process contracts for the delivery of health, education, or
human services by not-for-profit agencies in accordance with the terms of this
Executive Order.
I. Contract
Processing Requirements.
1. Where a contract
is to be awarded after the issuance by a State department of a request for
proposals, and the not-for-profit agency responding to the request for
proposals is not performing the services described in the request for proposal
pursuant to a contract with the soliciting State department, and the soliciting
State department decides to contract with such not-for-profit agency, the
soliciting State department shall enter into a written agreement with such
not-for-profit agency within seven months of the date of the issuance of the
request for proposals, but in any event at least 60 days prior to the date
performance under the contract is to begin, and forward the same to the
Division of the Budget, the Attorney General, and the Comptroller for such
approval as may be otherwise required.
2. Where a not-for-profit agency is
performing services pursuant to a contract with a State department and the
State department decides to enter into a subsequent contract with such
not-for-profit agency for the performance of the same or substantially similar
services, and a request for proposal is not a condition precedent to
recontracting with such agency, at least 60 days prior to the date performance
under the subsequent contract is to begin, such State department shall enter
into a written agreement with the not-for-profit agency and forward the same to
the Division of the Budget, the Attorney General, and the Comptroller for such
approval as may be otherwise required. If no appropriation exists to support
such contract, such contract shall be considered executory until any necessary
supporting appropriation has been made.
3. Each State department, where appropriate,
may include in contracts with not-for-profit agencies for health, education, or
human services a provision permitting the State department, at its option, to
extend the terms of such contract for up to an additional three months, or to
the extent otherwise permitted by law.
4. To the extent otherwise permitted by law,
each State department, where appropriate, may enter into simplified renewal
contracts (multi-year contracts) with not-for-profit agencies for the provision
of health, education or human services.
5. The Division of the Budget shall act upon
contracts with not-for-profit agencies for health, education, or human services
within 30 days of submission of each contract by the contracting State
department.
6. Nothing in this
Executive Order shall require submission of any contract to the Division of the
Budget, the Attorney General, or the Comptroller where such submission is not
otherwise required by law, regulation, or agreement. Where a State department
intends to submit a contract to the Division of the Budget for review and
approval, the State department shall consult with the Division of the Budget as
early in the contracting process as possible.
7. Nothing in this Executive Order shall
preclude a State department from executing a contract with a not-for-profit
agency for the delivery of health, education, or human services where fewer
than 60 days remain to the date performance under the contract is to begin,
where such contract cannot be executed more than 60 days prior to the date
performance is to begin due to the timing of the receipt of a grant or other
funding.
8. For the purposes of
this order, "not-for-profit agency shall mean a not-for-profit corporation as
defined in subdivision 7 of section
66 of
the General Construction Law; a special act corporation created pursuant to
chapter 468 of the Laws of 1899, as amended; or a corporation authorized
pursuant to an Act of Congress approved January 5, 1905 (33 Stat. 599), as
amended.
9. Each State department
shall submit semi-annual reports to the Director of State Operations and Policy
Management detailing compliance with the terms of this Executive
Order.
II. Contract
Simplification.
To the extent possible, each State department shall develop
standardized contracts to be used in the purchase of substantially similar
health, education, or human services from not-for-profit agencies. Where a
State department has developed standardized language, the department shall
review such language with the Division of the Budget, the Attorney General, and
the Comptroller.
III.
Requests for Proposals.
1. The Office of
Management and Productivity shall consult with, and provide assistance to,
State departments, and such departments shall take steps, to simplify and
expedite the request for proposals process. Such steps shall include:
Drafting concise requests for proposals that request only
information essential to the selection of successful proposers;
Including requests for proposals on more than one contract
within an omnibus request for proposals, and permitting proposers to submit
proposals on discrete requests within such request for proposals; and
Developing procedures for the earliest possible issuance of
requests for proposals.
2.
Within 60 days of the passage by the State Legislature of the State budget,
i.e., the State Operations budget, the Aid to Localities budget, and the
Capital Projects budget, each State department shall cause to be published in
the New York State Contract Reporter a schedule for the issuance of requests
for proposals for the delivery of health, education, or human services by
not-for-profit agencies. Issuance of the schedule shall not constitute or imply
approval of the issuing State department's expenditure plan if such plan has
not been previously approved by the Division of the Budget.
3. Concurrent with the issuance of a request
for proposals, the soliciting department shall cause to be published in the New
York State Contract Reporter a notice of issuance of a request for proposals,
and a schedule for a proposers' conference (if any), selection of successful
proposers, and awarding of contracts.
4. Publication of requests for proposals or
schedules for the issuance of such requests shall not subject the request for
proposals or the schedule, or any other portion of the contracting process, to
the requirements of Article 4-C of the Economic Development Law.
5. State departments may issue requests for
proposals prior to passage of the State budget where necessary to expedite the
processing of contracts with not-for-profit agencies for the delivery of
health, education, or human services.
IV. Advisory Board.
The Director of State Operations and Policy Management and
the Director of the Office of Management and Productivity shall convene an
Advisory Board to make recommendations on the contracting process between State
departments and not-for-profit agencies providing health, education, or human
services. The Advisory Board shall consist of representatives of not-for-profit
agencies providing health, education or human services and persons interested
in the delivery of health, education, or human services. The Advisory Board
shall meet from time to time as deemed necessary by the Directors. The
Directors shall call upon the participation, as appropriate, of the
Commissioners of Health, Mental Health, Mental Retardation and Developmental
Disabilities, Labor, Social Services, Housing and Community Renewal, and
Education, the Directors of the Division of the Budget, Division of Alcoholism
and Alcohol Abuse, Division of Substance Abuse Services, Division for Youth,
Office for the Aging, and the Division for Women, the State Advocate for the
Disabled, and the Executive Director of the Council on Children and Families,
and the heads of such other departments as may be appropriate, or their
designees. The members of the Board shall not receive any salary or other
compensation for their services.
V. Assistance to State Departments.
1. The Office of Management and Productivity
shall assist State departments in complying with the terms of this Executive
Order, including advising the State departments as to the applicability of this
Executive Order.
2. The Office of
Management and Productivity shall develop and distribute to State departments a
set of model contracting timeframes to assist State departments in meeting the
terms of this Executive Order.
VI. Effective Date.
The terms of this Executive Order shall be applicable to
all contracts with not-for-profit agencies for the delivery of health,
education, or human services commencing on or after March 1, 1990.
Signed: Mario M. CuomoDated: July 21, 1989
[FN*] [Revoked by Executive Order No. 29 (George E.
Pataki), infra.]
[FN[DAGGER]] [Revoked by Executive Order No. 5 (Eliot
Spitzer), infra.]
[Revoked by Executive Order No. 9 (David A. Paterson),
infra.]
[Revoked by Executive Order No. 2 (Andrew M. Cuomo),
infra.]
