Government Affairs Council
Update
November
9, 2006
Message from
Kenneth Adams/Member Survey
It is a great honor to have been
chosen by our Board of Directors to
stand in the footsteps of Dan Walsh
and Ray Schuler, serving as the new
President and CEO of The Business Council.
This is my first full week on the job,
and I want to begin by reaching out
for your input. We need a short, focused
and actionable list of priorities for
our work in Albany in 2007. I need
your guidance to develop this list.
I ask, therefore, that you take 10
minutes or so of your time to complete
our Fall Issues Survey, and thereby
tell us what’s most important
to you and your business. There are
only four questions, but they are important
ones – and we need your thoughtful
input on each of them.
And please feel free to send any other
advice and comments regarding our 2007
agenda, or any other issue, directly
to me, at any time. Thanks in advance
for your help. I’m looking forward
to working with you, and for you, in
the years ahead.
2006 Election
Results
We've prepared the following election
summary which highlights the results
of some key legislative races across
the state.
Click
here to view the 2006 Election Results.
Fall 2006 Committee
Meetings Set
- HR LEGISLATIVE
BRIEFING
At this two-hour briefing,
we will review human resource
related legislation that saw
action during the recent 2006
session in Albany. Our review
will include the status of workers'
compensation reform, mandated
health insurance proposals that
will be back next year, new family
medical leave provisions, labor
related bills which would affect
both the private and public sectors,
plus more. For several bills,
we will analyze, in detail, the
bill provisions and potential
impact on your HR costs, policies
and practices.
- WORKERS'
COMPENSATION
This is a reminder about our Workers'
Compensation Committee meeting, being
held next Wednesday, November 15th
from 10:30 a.m. - 2:00 p.m. The
guest speaker will be Assemblyman
Joe Morelle. Joe is
the sponsor of a bill, The Business
Council supports, to make significant
changes to the state's workers' comp
system. Click here to view the
bill. This will be an excellent
opportunity for the business community
to discuss the implications of election
day for workers' comp reform and
discuss action steps. Here are the
meeting details...
The Business Council's Transportation
Committee will meet at the Corporate
Woods offices of The Business Council
on Wednesday, November 29, 2006 from
1:30 p.m. to 4:00 p.m. Speakers will
include a representative of the incoming
Spitzer Administration; and John
Egan or Carla Chiaro from the New
York State High Speed Rail Task Force,
bringing the committee up-to-date
on the Task Force's projects presented
at the Febuary 2006 meeting. There
will also be a discussion of the
Albany outlook for 2007. Interested
members can register.
- CONTRACT
PROCUREMENT COMMITTEE
We have scheduled a meeting of The
Business Council’s Contract
Procurement Committee for Thursday,
November 30, from 10:00 a.m. to 12
noon at our offices at 152 Washington
Avenue in Albany. The purpose of
this session is to prepare for the
administrative transition in Albany
and for the 2007 legislative session.
Key topics will include:
- development of our 2007 legislative
agenda, including recommendations
for extension and reform of the
State Lobbying Act and State Finance
Law provisions governing procurement
lobbying (which expire 12/31/07);
extension and reform of the Procurement
Stewardship Act (expires 6/30/07),
and others.
- updates on procurement lobbying
compliance and vendor responsibility
determinations.
- finalization of comments on
OGS’ proposed vendor responsibility
rule (see article below).
If you plan on attending, please
RSVP to Karen Derenzo at karen.derenzo@bcnys.org.
Also, please feel free to contact Ken
Pokalsky if you have agenda items
to suggest, or if you would like
to discuss any of the items mentioned
above.
OGS Vendor
Responsibility Rule
Staff
Contact: Ken
Pokalsky
The NYS Office of General Services
has proposed a new regulation regarding
vendor responsibility determinations.
This proposed rule would apply to all
contracts for commodities, services
and/or technology subject to Section
163 of the State Finance Law.
The text of the rule, and the required SAPA documents,
are available on line at: http://www.dos.state.ny.us/info/register/2006/oct25/pdfs/Rules.pdf.
A copy of the rule text is also attached as in pdf
format below. The 45 day public comment period on
this rule technically ends on Saturday, December
9, 2006, however OGS will be accepting comments until
the following Monday, December 11. There are no public
hearings scheduled. It is OGS’ intent to finalize
this proposed rule by the end of calendar 2006.
The rule is intended to clarify that
contracting agencies have the statutory
responsibility for making vendor responsibility
determinations, and that such agency
determinations represent a final determination
as to whether a vendor is “responsible” with
respect to a specific contract. As
such, it is intended to streamline
the contract approval process by eliminating
subsequent reconsideration of vendor
responsibility determinations by the
Office of State Comptroller.
Among its key features, the proposed
rule:
- explicitly requires state agencies
to make determinations of vendor
responsibility prior to awarding
a contract.
- requires consideration of "credible
evidence" and "reliable
information" that is relevant
to the specific review.
- requires determination that a
vendor has both the ability to perform
the contract, and the ability to
act in an "ethical manner."
The Business Council will be submitting
comments on this proposed rule, and
is seeking input from members of our
Contract Procurement Committee. Please
feel free to contact Ken
Pokalsky if you would like to discuss
this proposal.
