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Contract Procurement Committee Update - Final Executive Order 162 Implementation Plan

Staff Contact: Ken Pokalsky
December 28, 2017

Executive Order 162 Final Implementation Plan

The Cuomo administration posted its Executive Order 162 final implementation plan on the Empire State Development web site on Friday, 12/22/17. We have not seen or received any other notice or announcement.

Significant new or changed provisions include:

Most other provisions of the guideline, FAQ, instructions and forms did not change from what we reviewed in June, including the applicability date (contracts executed on or after 6/1/17), categories of exempt contracts, and applicability thresholds ($100,000 for construction contracts, $25,000 for others). Several modifications discussed with the administration were not applied, e.g., a di minimis threshold for sub-contractors.

We will work to set up a conference call with the state in early January to discuss this final guidance and ask questions about specific implementation and compliance issues.

In the meantime, I welcome any comments or questions on these guidance documents. (Note I will be out of the office the week between Christmas and New Year’s, but will be reviewing emails).

Some key provisions/issues of note, including areas where the implementation plan provides unclear or contradictory provisions: