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 4.125 - Executive order no. 125: establishing a council of contracting agencies

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, it is the established policy of the State of New
					 York to award certain State contracts to the lowest responsible and reliable
					 bidder as will best promote the public interest;
WHEREAS, the statutes requiring competitive bidding of
					 State contracts and approval of subcontractors have been interpreted by the
					 courts to authorize contracting agencies to examine the responsibility of
					 bidders for contracts and proposed subcontractors, on a case-by-case basis,
					 including, but not limited to an examination of the skill, judgment, integrity,
					 good faith, sufficiency of financial resources, quality of execution,
					 performance and conduct on prior similar contracts, and labor practices of a
					 bidder and/or of a proposed subcontractor; and to investigate and consider the
					 background of such bidders and subcontractors for this purpose, including their
					 ownership, management, affiliation, history of past performance, and compliance
					 with relevant State and Federal laws and regulations;
WHEREAS, various State agencies, public authorities and
					 public benefit corporations required to award contracts by competitive bid
					 maintain information concerning the background and responsibility of bidders,
					 contractors and subcontractors seeking or performing public works contracts and
					 subcontracts from the State, and the Department of Labor maintains information
					 concerning the labor practices of such bidders, contractors and subcontractors
					 pursuant to Labor Law, section 220-b, which may be relevant to other
					 contracting agencies' case-by-case contract award determinations or subcontract
					 approvals;
WHEREAS, the development of a uniform, simplified
					 questionnaire to be used by State agencies when soliciting relevant information
					 from contractors will reduce the paperwork burden placed on the contractor
					 community; and
WHEREAS, the public interest would be served by the
					 systematic exchange of such information among the State's contracting agencies
					 and the Department of Labor;
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. Council of Contracting Agencies
1. There is hereby created within the
				  Executive Department a council to be known as the Council of Contracting
				  Agencies which shall establish procedures to ensure the systematic collection
				  and timely exchange of information relevant to agency determinations of
				  responsibility and reliability of bidders, contractors and proposed
				  subcontractors including, but not limited to:
(a) actions relating to responsibility taken
				  by any contracting agency, law enforcement authority or the Department of Labor
				  against bidders, contractors and subcontractors;
(b) debarments pursuant to express statutory
				  authorization; and
(c) summaries
				  of pending agency reviews with the potential for adverse actions relating to
				  responsibility against bidders, contractors and subcontractors.