June 8, 2011 •
Puerto Rico to Restructure Procurement Processes
Plan aims to make process more efficient, just, impartial, and transparent
The President of the Council on Reorganization and Modernization of the Executive Branch has announced a plan to restructure Puerto Rico’s procurement processes.
Entitled the Reorganization Plan of the Administration of General Services, the plan aims to make the procurement process a more efficient, just, impartial, and transparent process.
Coat of Arms of Puerto Rico by HansenBCN on Wikipedia.
May 31, 2011 •
Massachusetts Vendor Fee Dropped July 1
Comm-PASS
As part of Governor Deval Patrick’s reforms for small businesses operating in the state, starting July 1 the Operational Services Division will no longer charge the annual $275 fee for businesses participating in the Commonwealth’s Procurement Access and Solicitation System (Comm-PASS). The state is also eliminating the fee it charges businesses to shop for health care under the independent state agency Commonwealth Choice. Another announced reform increases the upper threshold of Massachusetts’s preferential small procurement competitive bidding range from $50,000 to $150,000.
Secretary of Administration and Finance Jay Gonzalez said the reforms are focused on “creating opportunities for small businesses, creating jobs for our residents, and containing health care costs so businesses can survive and thrive.”
Photo of Governor Devol Patrick by Scott LaPierre on Wikipedia.
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.
May 18, 2011 •
New Ethics Rules for Chicago
On Monday, May 16th Mayor Rahm Emanuel signed three new executive orders and reissued three additional executive orders.
The three reissued executive orders include a ban on political contributions to the mayor from the owners of companies that do business with the city, an order requiring city employees to comply with hiring oversight rules, and an order reaffirming that it is the duty of every city employee to report wrongdoing to the inspector general.
The first new executive order prohibits new appointees from lobbying city government for two years after leaving the administration, bars lower level employees from lobbying the departments or agencies in which they work, and bars appointees to boards and commissions from lobbying the board or commission on which they sit.
The second new executive order protects city employees from being pressured to give gifts or make political contributions to their superiors.
The third new executive order prohibits city lobbyists from making political contributions to the mayor.
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.
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