May 23, 2011 •
Governor Martinez Signs Executive Orders to Improve Procurement Process
Orders Aim to Make Procurement More Ethical and Efficient
New Mexico Governor Susana Martinez has signed two executive orders that seek to improve the procurement process in New Mexico.
Executive Order 2011-030 authorizes the suspension or debarment of businesses for conviction of fraud, embezzlement, theft, forgery, bribery, falsification, destruction of records, receiving stolen property, antitrust violations, willful failure to perform in accordance with contracts, and any other cause occurring within the preceding three years of a procurement which the state purchasing agent or a central purchasing office determines to be so serious and compelling as to affect responsibility as a contractor.
Executive Order 2011-031 created the Governor’s Task Force on Procurement Reform to review and update the current statutory and regulatory Procurement Code and to increase transparency and efficiency in the procurement process.
May 19, 2011 •
Governor Requests Lobbyists’ Contracts Terminated
Rhode Island’s Quasi-Public Agencies
Governor Lincoln Chafee has sent letters to the directors of Rhode Island’s 17 quasi-public agencies requesting, among other things, they terminate non-critical contracts with lobbyists. He is also requesting any procurement activities by these agencies be open and transparent, instructing the agencies to post all procurement rules and regulations applicable to each agency’s contract practices on a public website.
Governor Chafee indicates the purpose of the letters is to help find cost reductions that are available through increased efficiency and productivity, stating, “Under my appointment authority I take very seriously the responsibility of placing highly qualified individuals who strive to ensure value in the services provided by our quasi-public agencies.”
Some of the quasi-public agencies include the Rhode Island Industrial-Recreational Building Authority, the Rhode Island Airport Corporation, and the Rhode Island Health and Educational Building Corporation.
April 13, 2011 •
Governor Signs Expansion of Government Conduct Act
New Mexico Law Closes Revolving Door for Government Procurement Employees
Governor Martinez has signed Senate Bill 432 prohibiting state and local government employees who are involved in the contracting process from subsequently being employed by a contractor. The bill expands the existing Governmental Conduct Act to apply to state and local government employees involved in the procurement process.
Under the new law, state agencies are barred from entering into contracts with a business represented by a person who has been an employee of the state within one year if the value of the contract is in excess of $1,000 and the contract is a direct result of an official act by the former employee. The law becomes effective July 1, 2011.
April 1, 2011 •
Senate Bill 844 Found Unconstitutional
Bill’s Provision Relating to Campaign Finance Found Void, Procurement Provision Stand
Cole County Circuit Court Judge Daniel Green ruled that Senate Bill 844, which became effective August 28, 2010, is unconstitutional because it covers multiple subjects. The Missouri constitution requires that bills contain only one subject.
The bill sharply restricted transfers between campaign committees, boosted the enforcement powers of the Missouri Ethics Commission, and created measures aimed at reducing situations in which candidates channeled money through several committees to obscure their source. The court found that the procurement measures in the bill were the “original controlling purpose,” and thus should be upheld while all other measures relating to campaign finance are void.
The Missouri Attorney General’s office and the Missouri Ethics Commission are currently reviewing the decision to examine both enforcement procedures and further legal action.
March 29, 2011 •
D.C. Council to Consider Government Transparency Bills
Bills Seek to Improve Public Access to Procurement and Budgetary Information
Two bills were introduced before the Council of the District of Columbia as part of a series of measures to enhance transparency in the District government.
The first bill seeks to enact the Sunshine in Procurement Act of 2011 which requires the Council to post contract information, including the contract, solicitation, purchase orders, invoices, and change orders on its website. Additionally, sole-source and emergency procurement information would need to be posted, including the determination and findings supporting those procurements.
The second bill, referred to as the Open Government Act of 2011, expands the responsibilities of the newly created Open Government Office, improves the District’s Freedom of Information Act, requires agencies to prepare biennial transparency plans, and improves the transparency of the District’s budget information.
Photo of the John A. Wilson Building, home of the city government of Washington, D.C., by Awiseman on Wikipedia.
March 29, 2011 •
Small Procurement Bill Introduced in Alaska
Bidders Need Alaska Business License
Representative Anna Fairclough introduced a bill concerning small procurements with the state, which includes the requirement of vendors to provide proof of an Alaska business license.
House Bill 204 also contains other mandates for vendors, including the registration of construction contract bidders and offerers, the establishment and maintenance of lists of person who want to contract with the state or state agencies, and small procurement provisions for certain amounts of leased space.
The legislation increases the maximum ceiling amounts of what constitutes a small procurement from $50,000 to $100,000 for supplies, services, or professional services; $100,000 to $200,000 for a construction, and from 3000 to 7000 square feet for a lease.
Photo of the Alaska State Capitol by Kevin Lam on Wikipedia.
March 11, 2011 •
Hartford City Council Considering Pay-to-Play Contributions Ban
Delayed Contributions Ban Proposal Now Moves Forward
The Hartford city council is debating a proposal to ban campaign contributions from contractors who have business deals with the city. Proposed more than two years ago, the measure is now moving forward after receiving word from the city’s corporation counsel assuring the legality of such a measure.
There are still details to be determined concerning the measure, including who will be expected to enforce the measure. A vote is expected by the end of March.
Aerial photo of downtown Hartford by Sage Ross on Wikipedia.
March 9, 2011 •
News from the City of Angels
Voters Approve Pay-to-Play Restrictions
Voters overwhelmingly approved an amendment to the city charter placing serious restrictions on the ability of those doing business or seeking to do business with the city to make campaign contributions.
The pay-to-play rule, which passed with a vote of 75 percent in favor, will prohibit anyone bidding on a contract with Los Angeles worth $100,000 or more from donating to or fundraising for city officials with the authority to approve the contract on which he or she is bidding.
Photo of Los Angeles City Hall by Brion VIBBER on Wikipedia.
March 4, 2011 •
A Better Maryland Procurement Process?
Delegate Introduces Bill
Delegate Dan Morhaim has introduced a bill with the goal of increasing the effectiveness of Maryland’s procurement process. House Bill 628 would create a commission to study streamlining and increasing the efficiency of the state’s contracting procedures.
Among the goals of the commission would be a more uniform application of the procurement law and an increased centralization of the procurement system. The membership of the commission would include individuals from private sector industries such as technology, construction, commodities, and other professional services.
The commission’s one year term would end with a report of its findings and recommendations to both the Governor and the General Assembly.
January 21, 2011 •
Texas Legislature to Consider Pay-to-Play during 2011 Session
The Texas legislature is looking to tackle a new piece of pay-to-play legislation with Senate Bill 110.
The bill would affect an individual who submits a competitive bid or proposal for a contract as an individual, partner or owner of a privately held business, or board member or executive officer of a business.
They would be prohibited from making a political contribution to a candidate for statewide office, a statewide officeholder, or a specific-purpose committee for supporting or opposing a candidate for statewide office or assisting a statewide officeholder, during the period beginning with the date the bid or proposal is submitted and ending when the contract is awarded to another person or the 30th day after the bidder is awarded the contract.
Further, the same restrictions would be applied to a general-purpose committee established or administered by a corporation. If passed in current form, the legislation would take effect September 1, 2011.
January 5, 2011 •
Los Angeles Voters to Decide on Pay-to-Play Ban
Ballot measure will be decided on March 8
City Council has approved a ballot measure proposed by the Los Angeles Ethics Commission creating a ban on pay-to-play contributions.
If passed on March 8, the Charter amendment will prohibit companies bidding on city contracts from giving campaign donations to city candidates.
Companies found in violation of the ban would be barred from doing business with the city for one to four years.
Photo of the Los Angeles financial district by Bobak on Wikipedia.
December 20, 2010 •
Administrative Conference Proposes Ethics Standards for Government Contractors
Employee Conflicts Also Prohibited
A panel of the Administrative Conference of the United States has made a recommendation of ethics standards for government contractors and their employees. Under the proposed rules, a contractor would be prohibited from accepting gifts from anyone who is seeking an official action from the contract work or who has some interest substantially affected by the contract.
A contractor would also have to certify, prior to commencing work on any contract, no participating employee has a conflict. If conflicts do exist, the contractor would be required to request waivers for such conflicts, or disclose any conflicts and propose a mitigation plan.
The Conference is an independent agency of the federal government serving as an advisory organization.
Update: Kathy Kyle, Communications Director with the Administrative Conference of the United States, sent us a wonderful clarification, which we quote here:
The “recommendation” that you reference in your blog is an initial draft recommendation that was considered by the Committee at its most recent meeting, on December 3, 2010. Over the course of the next several months, the Committee plans to hold one or more additional meetings wherein it will further discuss the issues related to the project and will revise the recommendation. Once the Committee has produced its final recommendation, the recommendation will then be presented to the ACUS Council and then to the full Conference meeting in plenary session, set for a vote. If approved, the final recommendation will then be published in the Federal Register.
November 5, 2010 •
$400,000 for Pay-to-Play
New Jersey Offers Help – With Conditions
In order for the borough of North Arlington to receive $400,000, it must implement pay-to-play laws as one of the conditions for the state’s Transitional Aid to Localities program, which awards grants to the most fiscally challenged municipalities.
Mayor Peter Massa has signed a memorandum of understanding which mandates the borough council pass ordinances limiting awarding public contracts to businesses that have made contributions. Businesses actively contracting with the borough would also be limited from making contributions.
The council has three months to pass the ordinances, in addition to implementing other financial restrictions such as staff reductions and salary freezes, in order to receive the funds.
October 25, 2010 •
Inspector General Report Forwarded to Prosecutors and Ethics Officials
New York Inspector General Finds Potential Ethics Violations in Video Lottery Terminal Bidding Process
New York State Inspector General Joseph Fisch has released a report that criticizes New York State leaders for failing to fulfill their public duty in the January 2010 selection of Aqueduct Entertainment Group (AEG) to operate video lottery terminals at Aqueduct Racetrack in Queens. The 300-page report concludes that AEG should have been disqualified, and that the chaotic process resulting in AEG’s multi-billion dollar award was a “political free-for-all” marked by unfair advantages and more than $100,000 in campaign donations.
The report found that Governor Paterson, Senate Democratic Conference Leader Sampson, Senate President Pro Tempore Smith, and Assembly Speaker Silver each contributed to the multi-million dollar debacle. The report strongly recommends that the bidding process used to select AEG never be repeated and that New York State impose stringent procurement restrictions on all major contracts to ensure that they are competitive, transparent and fair.
The Inspector General’s Office is forwarding the report to United States Attorney and New York County District Attorney, for appropriate action and referring Senators Sampson and Smith to the Legislative Ethics Commission.
Map of New York by Huebi on Wikipedia.
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