November 9, 2016 •
Anne Arundel County, Maryland Keeps Competitive Bidding Amount
Residents voted against an amendment to the Anne Arundel County Charter (Question C). If passed, the ballot issue would have raised the current dollar amount of bids requiring competitive procurement for most procurement contracts from $25,000 to $75,000. Bids under […]
Residents voted against an amendment to the Anne Arundel County Charter (Question C).
If passed, the ballot issue would have raised the current dollar amount of bids requiring competitive procurement for most procurement contracts from $25,000 to $75,000.
Bids under $75,000 would not be required to go through full competitive bidding.
September 29, 2016 •
California Bill Affecting State Contracts Signed into Law
Gov. Jerry Brown signed into law a bill requiring persons submitting bids or proposals of $100,000 or more to state agencies to certify they are in compliance with the Unruh Civil Rights Act and the California Fair Employment and Housing […]
Gov. Jerry Brown signed into law a bill requiring persons submitting bids or proposals of $100,000 or more to state agencies to certify they are in compliance with the Unruh Civil Rights Act and the California Fair Employment and Housing Act.
The law is aimed at preventing state agencies from contracting with businesses that boycott Israel.
This law becomes effective January 1, 2017.
June 29, 2016 •
D.C. Council Addresses Procurement Reforms
The D.C. Council has preliminarily approved a bill that will bring more transparency and accountability to the government procurement process. Among other structural and procedural reforms, the measure establishes the Office of the Ombudsman for Contracting and Procurement. The bill […]
The D.C. Council has preliminarily approved a bill that will bring more transparency and accountability to the government procurement process. Among other structural and procedural reforms, the measure establishes the Office of the Ombudsman for Contracting and Procurement.
The bill will need approval at a second reading before it is sent to the Mayor. A stricter reform measure that included a one year pay-to-play restriction failed to pass.
August 12, 2015 •
New South Carolina DOT Policy Aims to Clarify Ethics Law
The South Carolina Department of Transportation is instituting a new rule regarding employees who leave state employment to work for state contractors. The new policy will prohibit former employees from working on new road construction projects for 365 days after […]
The South Carolina Department of Transportation is instituting a new rule regarding employees who leave state employment to work for state contractors.
The new policy will prohibit former employees from working on new road construction projects for 365 days after leaving the department.
The department’s acting secretary says the new policy will help clarify state ethics law and ensure there is no perception of impropriety.
October 9, 2014 •
Vermont Attorney General Candidate Calls for Pay-to-Play Ban
Republican attorney general candidate Shane McCormack is calling for tougher campaign finance rules for those holding the office. McCormack’s proposal would ban current service providers from contributing to a sitting attorney general and would prevent a donor from becoming a […]
Republican attorney general candidate Shane McCormack is calling for tougher campaign finance rules for those holding the office. McCormack’s proposal would ban current service providers from contributing to a sitting attorney general and would prevent a donor from becoming a contractor after a successful campaign.
During a debate on Vermont Public Radio, McCormack revealed current attorney general Bill Sorrell accepted $8,000 from Dallas-based Baron & Budd, a law firm later hired as counsel. Sorrell defended the contribution by stating it was properly disclosed and the law firm was hired due to its expertise in the area being litigated.
Baron & Budd was hired following a recommendation from the Agency of Natural Resources to litigate a contaminated groundwater case against the fuel industry. Sorrell claims the agency was unaware of the contribution prior to making the recommendation.
January 24, 2014 •
DC Council Bill Would Disqualify Campaign Contributors from City Contracts
Phil Mendelson, the chairman of the Council of the District of Columbia, introduced a bill that would bar people who made political contributions from obtaining contracts or doing other business with the city. Mendelson said the motivation behind his bill […]
Phil Mendelson, the chairman of the Council of the District of Columbia, introduced a bill that would bar people who made political contributions from obtaining contracts or doing other business with the city.
Mendelson said the motivation behind his bill was to end the perception of pay-to-play in Washington, D.C.
January 17, 2014 •
Houston, Texas Wage Theft Ordinance Takes Effect
On January 19, 2014, the city’s Wage Theft Ordinance takes effect. The ordinance prohibits contracts with the city for vendors convicted of wage theft, assessed an administrative penalty involving wage theft, or adjudicated in a civil action of engaging in […]
On January 19, 2014, the city’s Wage Theft Ordinance takes effect. The ordinance prohibits contracts with the city for vendors convicted of wage theft, assessed an administrative penalty involving wage theft, or adjudicated in a civil action of engaging in wage theft. The prohibition applies to entering, continuing, or extending contracts with the city. City contractors are prohibited from retaliating against any person filing a wage theft complaint in good faith.
Photo of the Houston skyline courtesy of Hequals2henry on Wikimedia Commons.
October 9, 2013 •
California Governor Signs FPPC Bills
FPPC to get more authority and give more advice
Gov. Jerry Brown has signed three bills sponsored by the state’s Fair Political Practices Commission (FPPC) designed to promote government transparency:
- Assembly Bill 409 creates an electronic filing system for public officials who file annual statements of economic interest (Form 700), allowing greater public accessibility to the statements;
- Assembly Bill 552 gives the FPPC greater authority to collect fines from individuals and entities who violate laws regarding campaign finance, lobbying, and conflicts of interest; and
- Assembly Bill 1090 allows the FPPC to give written or telephone advice to public officials about conflicts of interest in government contracts.
Assembly Bill 409 takes effect immediately. Assembly Bill 552 and Assembly Bill 1090 are effective January 1, 2014.
August 7, 2012 •
Ask the Experts – Reporting State-Level Lobbying When You Have Contracts with State Agencies
Here is your chance to “Ask the Experts” at State and Federal Communications, Inc.
Q. My company has existing, ongoing contracts with various state agencies. Sometimes, I have discussions with employees of these agencies (technicians, managers, and directors) regarding their use of my company’s products. Do I have to register and report as a lobbyist?
A. As a general rule for state-level lobbying, as long as discussions are limited to the evaluation and servicing of existing contracts, this type of activity will not typically be considered lobbying, the definition of which often includes influencing executive branch action.
However, in some states, executive branch action encompasses the state’s procurement process, including decisions to modify, extend, expand, or renew existing contracts. Once discussions of this type occur, lobbyist registration and reporting may be triggered, depending on the state’s specific time and expenditure thresholds. Every state has different thresholds, and requires its own specific analysis.
Here are some important things to track when evaluating whether you need to be registered in a specific jurisdiction:
- Who are you talking to? In jurisdictions requiring registration for procurement lobbying, registration may hinge on whether the agency employee is considered a covered official. In some states, covered official is broadly defined to include all employees, while other jurisdictions require registration and reporting for attempting to influence directors or other major decision makers.
- How many contacts have you had with the agency? How much time have you spent? Some jurisdictions require registration before the very first contact, while other jurisdictions require registration and reporting once you spend a certain amount of time engaging in procurement lobbying. You may need to determine your pro-rata share of compensation for time you have spent preparing for and engaging in the communication.
- Is there a pending RFP or a contract renewal on the horizon? In some jurisdictions, the timing of your conversation with an agency official is important. Is there a pending decision before the state agency which would affect your company’s bottom line? If so, registration as a lobbyist may be required before engaging in communication which could be perceived as influencing the decision making process.
- Did you expend any money on behalf of agency employees or officials? In some jurisdictions, registration may be triggered by expenditures on behalf of employees or officials.
You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: marketing@stateandfed.com.
(We are always available to answer questions from clients that are specific to your needs, and we encourage you to continue to call or e-mail us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need.) Our replies to your questions are not legal advice. Instead, these replies represent our analysis of laws, rules, and regulations.
October 20, 2011 •
Suit Asks Court to Allow Federal Contractors to Make Federal Political Contributions
Wagner v. FEC
Individuals with federal contracts should be allowed to make political contributions to federal candidates or political parties, a lawsuit filed yesterday by the American Civil Liberties Union (ACLU) argues.
The suit, Wagner v. Federal Election Commission, filed in the United States District Court for the District of Columbia, challenges the constitutionality of section 441c of Title 2 of the U.S. Code, which prohibits any vendors with contracts with the federal government from making such contributions.
According to its press release, the ACLU is asking the Court, on behalf of the three named plaintiffs, to declare the law unconstitutional as applied to individuals who have personal services contracts with federal agencies. Because federal workers who are not contractors may make federal political contributions, while contractors performing the same work may not, the suit argues section 441c violates both the Equal Protection Clause of the Constitution and the First Amendment.
Photo of the United States District Court for the District of Columbia courtesy of the Court’s website.
September 26, 2011 •
New Mexico Special Session Adjourned
No Deal Reached on Redistricting
The special session of the New Mexico Legislature adjourned on September 24, 2011.
The Legislature failed to reach a compromise on congressional redistricting, but passed a bill strengthening the preference given to New Mexico businesses bidding on state government contracts.
September 23, 2011 •
Indianapolis Purchasing Department Software Change
Complete by October 3
Today the Indianapolis Office of Finance and Management begins implementation of its new Enterprise Resource Planning software, which will cause a temporary halt on generating request for bids or quotes, and vendor payments.
The new system will allow informal quotes to be e-mailed as long as the Office has a vendor’s current contact information and a valid e-mail address. Invitations to bid will be formatted differently but contain the same information. The vendor notification of this change can be found here and the Purchasing Division home page can be found here.
The conversion is expected to be complete by October 3.
June 21, 2011 •
Louisiana Bill Reduces Public Contract Amounts
10%
A Louisiana House bill now in the Senate would reduce some public contracts by ten-percent for fiscal year 2011-2012.
As originally introduced, House Bill 15 would require a ten-percent reduction in the total dollar amount for professional, personal, and consulting service contracts. House and Senate amendments, both concerned about the bill negatively affecting some social services, delete references to professional and personal services, limiting the focus to consulting services.
Under the bill, new contracts with the state could not exceed the reduced dollar amount determined by existing contracts. Examinations of these contracts would fall under the jurisdiction of the Office of Contractual Review.
Photo of the Louisiana State Capitol by Richard Rutter on Wikipedia.
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.
State and Federal Communications, Inc. provides research and consulting services for government relations professionals on lobbying laws, procurement lobbying laws, political contribution laws in the United States and Canada. Learn more by visiting stateandfed.com.