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 8.10 - Executive order no. 10: reducing costs for personal services contracts

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, the State is in a fiscal crisis, and must take all
					 feasible measures to control its expenditures and achieve cost savings;
WHEREAS, the 2011-12 Executive Budget sets forth a program
					 to address this crisis, premised on the principle of shared sacrifice and
					 reducing expenditures, through which the burden of putting the State's fiscal
					 house in order is spread across a wide spectrum of interests;
WHEREAS, the 2011-12 Executive Budget requires particularly
					 significant cost reductions from state agencies, for whom the proposed budget
					 would bring about a ten percent reduction in operating expenses;
WHEREAS, the State is continually reviewing personal
					 services contracts to reduce the number and cost of such contracts;
WHEREAS, the State must do all it can to ensure that it is
					 getting the best possible price of contracts paid for with taxpayer dollars,
					 and cannot merely follow the contracting practices of the past;
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 as follows:
1. The following definitions will apply for
				  purposes of this order:
a. "Closely
				  Affiliated Not for Profit Organization" shall mean corporations closely
				  affiliated with specific state agencies as defined by paragraph (d) of
				  subdivision five of section fifty three a  of the state finance law or their
				  successors
b. "Personal Services
				  Contract" shall mean any contract entered into by a state agency with any
				  private party, under which the agency believes that a majority of the costs of
				  the contract are attributable to compensation of the contractor's personnel.
				  Personnel services contracts shall include contracts whose primary purpose is
				  evaluation, research and analysis, data processing, computer programming,
				  engineering, environmental assessment, health and mental health services,
				  accounting, auditing, legal or similar services, with a total value of over two
				  hundred thousand dollars. A "personal services contract," for purposes of this
				  order, shall not include any contract:
i.
				  whose price is governed by federal or state law;
ii. for the purchase of
				  commodities;
iii. whose renewal
				  must be subject to a competitive bid;
iv. with a preferred source, as that term is
				  defined by State Finance Law § 162; or
v. necessary for compliance with Article 15-A
				  of the Executive Law and any regulations issued thereunder.
c. "State agency" shall mean any
				  state agency, department, office, board, bureau, division, committee, council
				  or office.
d. "Single source" shall
				  have the meaning set forth in State Finance Law § 163.
e. "Renewal" shall mean the negotiation of a
				  new contract with an entity already providing services to the State of a kind
				  equivalent to that to be provided for in such new contract, but which shall not
				  include a contract extension whose price is specifically provided for in the
				  existing contract.