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 4.189 - Executive order no. 189: limiting the influence of lobbyists on the state agency procurement process

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, the State of New York has adopted several
					 important reforms to limit improper activities by lobbyists, including the
					 enactment of the Lobbying Act and the creation of the New York Temporary State
					 Commission on Lobbying;
WHEREAS, these reforms seek to protect the integrity of
					 governmental decisionmaking by placing certain requirements and restrictions
					 upon individuals seeking to influence the passage of legislation, the adoption
					 of regulations, or the outcome of rulemaking proceedings;
WHEREAS, corporations and other entities seeking to sell
					 goods or services to the State also frequently employ lobbyists to assist them
					 during the contracting process;
WHEREAS, it is the established policy of the State of New
					 York that the award of State procurement contracts shall be based solely upon
					 the merits of the competing proposals;
WHEREAS, it is essential that the State procurement process
					 be protected from improper influences by lobbyists in order to ensure that the
					 contracting process is fair and equitable;
WHEREAS, in order to achieve this goal, it is necessary to
					 place restrictions upon the ability of lobbyists to contact State agency
					 personnel during the processing and evaluation of competing proposals;
WHEREAS, the implementation of such restrictions will
					 protect the integrity and fairness of the procurement process, will ensure that
					 contract awards will be based upon merit and not upon any improper lobbying
					 influences, and will help to maintain the confidence of the public that their
					 tax dollars are being spent fairly and wisely;
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 order as follows:
I. DEFINITIONS
1. "Agency" shall mean any State department,
				  or any division, board, commission, or bureau of any State department, or any
				  public benefit corporation or public authority at least one of whose members is
				  appointed by the Governor.
2.
				  "Proposal" shall mean any proposal, quotation, offer or response to an agency's
				  competitive solicitation of submissions relating to an award of a procurement
				  contract.
3. "Improper lobbying
				  influence" shall mean any attempt to achieve preferential, unequal or favored
				  consideration of a proposal submitted for a procurement contract award, based
				  on considerations other than the merits of the proposal, including but not
				  limited to any conduct prohibited by Public Officers Law section 73 (5) or 74.
				  Communications by employees of the State, public benefit corporations or public
				  authorities that fall within the scope of their official duties shall not be
				  deemed improper lobbying influence.
4. "Pendency of a contract award" shall mean
				  the processing period for letting a procurement contract, commencing with the
				  earliest published written notice, advertisement or solicitation of expressions
				  of interest or proposals, and ending with the State Comptroller's or the
				  agency's final contract approval.
5. "Procurement contract" shall mean a
				  written contract let by an agency for the acquisition of goods or services in
				  support of agency functions or operations, other than contracts which by
				  statute must be awarded to the lowest responsible bidder.
6. "Procurement Integrity Officer" shall mean
				  the individual designated by the head of each agency to be responsible for
				  ensuring the consistent and effective observance of agency procedures for the
				  exclusion of improper lobbying influence.