New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 8 - Executive Orders (Andrew M. Cuomo) › Section 8.192 - Executive Order No. 192: Executive Order Imposing Continuing Vendor Integrity Requirements in State Contracts

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, New York State, through its agencies and
					 authorities, contracts with a wide variety of vendors, suppliers, service
					 firms, and other contractors to construct public works and obtain goods,
					 services, and technology in various capacities;
WHEREAS, it is imperative that the State conduct business
					 only with responsible entities to ensure that taxpayer dollars are not paid to
					 entities or individuals that lack integrity, are incapable of providing
					 satisfactory performance, or fail to comply with existing laws;
WHEREAS, New York law and public policy have long required
					 that entities wishing to bid for State contracts be found to be responsible at
					 the time of contract award by demonstrating that they have the requisite
					 financial and organizational capacity, legal authority, and integrity (of both
					 the entity and its principals), and, where appropriate, have shown satisfactory
					 performance on prior government contracts;
WHEREAS, State agencies and authorities currently have the
					 ability to debar or deem ineligible for future bidding any contractors,
					 vendors, or grantees that have violated certain statutory provisions, which
					 include, but are not limited to, violations of Labor Law Article 8 and 9 for
					 the willful and intentional failure to pay the prevailing rate of wages;
					 violations of Labor Law Article 25-B (Construction Industry Fair Play Act) and
					 Labor Law Article 25-C (Commercial Goods Transportation Industry Fair Play
					 Act); being listed by the federal government as excluded from receiving federal
					 contracts and certain subcontracts, assistance or benefits, pursuant to 48
					 C.F.R. Subpart 9-4; being convicted of a crime defined in Penal Law Article 200
					 (Bribery Involving Public Servants and Related Offenses), Article 496
					 (Corrupting the Government), or § 195.20 (Defrauding the Government);
					 being subject to a final assessment of civil fines or penalties or a stop-work
					 order, or being convicted of a misdemeanor for violation of Workers
					 Compensation Law §§ 26, 52, or 131; being the subject of a finding of
					 fraudulent or intentional misrepresentation or willful and intentional
					 disregard of the minority- and women-owned participation requirements on a
					 project; and more; and
WHEREAS, the State"TMs attention to vendor responsibility
					 should not end with the contract award process, and State agencies and
					 authorities should ensure that contractors, vendors, and grantees remain
					 responsible throughout the term of the contracts and that such contractors,
					 vendors, and grantees who are the subject of debarment or are found to be
					 non-responsible are not able to bid on public procurements.
NOW, THEREFORE, I, ANDREW 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 order and direct as follows:
1. "State Entities" shall mean (i) all
				  agencies and departments over which the Governor has executive authority and as
				  defined in subdivision 3, section 2-a  of the State Finance Law; and (ii) all
				  public benefit corporations, public authorities, boards, and commissions for
				  which the Governor appoints the Chair, the Chief Executive, or at least 50% of
				  the Board Members.
2. "Contract"
				  shall mean any contract, lease, grant or equivalent legal instrument.
3. State Entities are directed to evaluate -
				  utilizing the existing vendor responsibility determination process - whether
				  bidders are responsible, based in pertinent part upon the following factors:
(i) financial and organization capacity;
(ii) legal authority;
(iii) integrity; and
(iv) past performance. Moreover, State
				  Entities are required to determine whether a contractor, vendor, or grantee has
				  failed to comply with any statutory provisions relating to debarment.