New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 4 - Executive Orders (Mario M. Cuomo) › Section 4.127 - Executive order no. 127: establishing the not-for-profit contracting process

Current through Register Vol. 46, No. 28, July 10, 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.