Government Affairs Albany UpdateNovember 9, 2006
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.
We've prepared the following election summary which highlights the results of some key legislative races across the state.
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.