New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 5 - Executive Orders (George E. Pataki) › Section 5.127 - Executive order no. 127: providing for additional state procurement disclosure

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, the State of New York and its public authorities
					 have an obligation to carry out their responsibilities in the most efficient
					 and effective manner possible;
WHEREAS, over the past eight and one-half years, we have
					 made tremendous progress in streamlining and improving state government;
WHEREAS, the State of New York and its public authorities
					 enter into numerous procurement contracts and real estate transactions which
					 involve substantial sums of public moneys;
WHEREAS, while the State Legislature has enacted strong
					 laws to regulate the procurement process and maintain its integrity
					 (Procurement Stewardship Act, Chapter 83 of the Laws of 1995) and to regulate
					 persons who appear before state government on certain matters (Lobby Law,
					 Chapter 2 of the Laws of 1999), more can be done to maintain continued public
					 confidence in the State's procurement process; and
WHEREAS, increased disclosure regarding persons and
					 organizations contacting state government regarding procurement and real estate
					 transactions would enhance public confidence in the procurement process.
NOW, THEREFORE, I, George E. Pataki, 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 as follows:
I. Definitions.
1. "Covered agency or authority" shall mean
				  any State department, office or division, or any board, commission or bureau
				  thereof, and any public benefit corporation, public authority or commission at
				  least one of whose members is appointed by the Governor, and shall include the
				  State University of New York and the City University of New York.
2. "Procurement contract" shall mean any
				  contract or agreement, or subsequent amendment thereto, involving an estimated
				  annualized expenditure in excess of fifteen thousand dollars for:
(i) the purchase of goods or services;
(ii) the purchase, sale, lease,
				  acquisition or granting of other interests in real property; and
(iii) public works. The term "procurement
				  contract" shall not include a contract that, by law, must be awarded to the
				  lowest responsible bidder, or a contract that, by law, must be awarded on the
				  basis of lowest price subsequent to a competitive bid process.
3. "Proposal" shall mean any
				  proposal, quotation, bid, offer or response to a covered agency or authority's
				  solicitation of submissions in expectation of an award of a procurement
				  contract.
4. "Attempt to influence
				  the procurement process" shall mean any attempt to influence any determination
				  of a member, officer or employee of a covered agency or authority by a person
				  other than a member, officer or employee of a covered agency or authority with
				  respect to:
(a) the solicitation, evaluation
				  or award of a procurement contract; or
(b) the preparation of specifications or
				  request for submissions of proposal for a procurement contract.
5. "Contractor" shall mean bidder,
				  offeror or proposer for a procurement contract and shall include any
				  subcontractor who may be engaged in the delivery of goods, services or
				  construction pursuant to the procurement contract.
6. "Financial interest in the procurement"
				  shall mean:
(a) owning or exercising direct or
				  indirect control over, or owning a financial interest of more than one percent
				  in, a contractor or other entity that stands to gain or benefit financially
				  from the award of a procurement contract;
(b) receiving, expecting or attempting to
				  receive compensation, fees, remuneration or other financial gain or benefit
				  from a contractor or other individual or entity that stands to benefit
				  financially from a procurement contract;
(c) being compensated by, or being a member
				  of, an entity or organization which is receiving, expecting or attempting to
				  receive compensation, fees, remuneration or other financial gain from a
				  contractor or other individual or entity that stands to benefit financially
				  from a procurement contract;
(d)
				  receiving, expecting or attempting to receive any other financial gain or
				  benefit as a result of the procurement contract;
(e) being a relative of a person with a
				  financial interest in the procurement, as set forth in paragraphs (a) through
				  (d) of this subdivision. For purposes of this paragraph, " relative" shall mean
				  spouse, child, stepchild, stepparent, or any person who is a direct descendant
				  of the grandparents of an individual listed in paragraphs (a) through (d) of
				  this subdivision or of the individual's spouse.