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.II. Contract Simplification. To the extent possible, each State department shall develop standardized contracts to be used in the purchase of substantially similar health, education, or human services from not-for-profit agencies. Where a State department has developed standardized language, the department shall review such language with the Division of the Budget, the Attorney General, and the Comptroller.
III. Requests for Proposals. 1. The Office of Management and Productivity shall consult with, and provide assistance to, State departments, and such departments shall take steps, to simplify and expedite the request for proposals process. Such steps shall include: Drafting concise requests for proposals that request only information essential to the selection of successful proposers;
Including requests for proposals on more than one contract within an omnibus request for proposals, and permitting proposers to submit proposals on discrete requests within such request for proposals; and
Developing procedures for the earliest possible issuance of requests for proposals.
2. Within 60 days of the passage by the State Legislature of the State budget, i.e., the State Operations budget, the Aid to Localities budget, and the Capital Projects budget, each State department shall cause to be published in the New York State Contract Reporter a schedule for the issuance of requests for proposals for the delivery of health, education, or human services by not-for-profit agencies. Issuance of the schedule shall not constitute or imply approval of the issuing State department's expenditure plan if such plan has not been previously approved by the Division of the Budget.3. Concurrent with the issuance of a request for proposals, the soliciting department shall cause to be published in the New York State Contract Reporter a notice of issuance of a request for proposals, and a schedule for a proposers' conference (if any), selection of successful proposers, and awarding of contracts.4. Publication of requests for proposals or schedules for the issuance of such requests shall not subject the request for proposals or the schedule, or any other portion of the contracting process, to the requirements of Article 4-C of the Economic Development Law.5. State departments may issue requests for proposals prior to passage of the State budget where necessary to expedite the processing of contracts with not-for-profit agencies for the delivery of health, education, or human services.IV. Advisory Board. The Director of State Operations and Policy Management and the Director of the Office of Management and Productivity shall convene an Advisory Board to make recommendations on the contracting process between State departments and not-for-profit agencies providing health, education, or human services. The Advisory Board shall consist of representatives of not-for-profit agencies providing health, education or human services and persons interested in the delivery of health, education, or human services. The Advisory Board shall meet from time to time as deemed necessary by the Directors. The Directors shall call upon the participation, as appropriate, of the Commissioners of Health, Mental Health, Mental Retardation and Developmental Disabilities, Labor, Social Services, Housing and Community Renewal, and Education, the Directors of the Division of the Budget, Division of Alcoholism and Alcohol Abuse, Division of Substance Abuse Services, Division for Youth, Office for the Aging, and the Division for Women, the State Advocate for the Disabled, and the Executive Director of the Council on Children and Families, and the heads of such other departments as may be appropriate, or their designees. The members of the Board shall not receive any salary or other compensation for their services.
V. Assistance to State Departments. 1. The Office of Management and Productivity shall assist State departments in complying with the terms of this Executive Order, including advising the State departments as to the applicability of this Executive Order.2. The Office of Management and Productivity shall develop and distribute to State departments a set of model contracting timeframes to assist State departments in meeting the terms of this Executive Order.VI. Effective Date. The terms of this Executive Order shall be applicable to all contracts with not-for-profit agencies for the delivery of health, education, or human services commencing on or after March 1, 1990.
Signed: Mario M. CuomoDated: July 21, 1989
[FN*] [Revoked by Executive Order No. 29 (George E. Pataki), infra.]
[FN[DAGGER]] [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.]
[Revoked by Executive Order No. 9 (David A. Paterson), infra.]
[Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]
N.Y. Comp. Codes R. & Regs. Tit. 9 § 4.127