Request for Propoasal and
Statement of Qualifications
From

Potential Ouside Counsel

Instructions:

New York State Executive Order Number 127 (EO 127) provides for increased disclosure in the public procurement process through identification of persons or organizations whose function is to influence procurement contracts, public works agreements and real property transactions.

In general, a procurement contract is defined as a contract, agreement or subsequent amendment involving an annualized expenditure in excess of $15,000.00, but does not include those contracts that by law must be awarded to the lowest responsible bidder or based on the lowest price.

In the first instance, Section II, paragraph 1 of EO 127 obligates a covered agency or authority to obtain identifying information on every person or organization retained, employed or designated by or on behalf of the contractor to attempt to influence the procurement process. The covered agency or authority is also obligated to collect information on whether such person or organization has a financial interest in the procurement.

Thereafter, Section II, paragraph 2 of EO 127 continues to obligate a covered agency or authority to obtain such identifying information on every person or organization subsequently retained, employed or designated by or on behalf of the contractor to attempt to influence the procurement process. A covered agency or authority shall ensure that a contractor informs such agency or authority of persons or organizations subsequently retained, employed or designated by or on behalf of the contractor before the agency or authority is contacted.

New York State Executive Order Number 127 (EO 127) obligates a covered agency or authority to make a determination of responsibility of the proposed awardee for a procurement contract. EO 127 mandates consideration of whether a contractor has intentionally provided false or incomplete information under such Order within the last five years, and whether a contractor has failed to timely disclose accurate and complete information or otherwise cooperate in the implementation of the Order.

In accordance with section II, paragraph 6 of EO 127, a covered agency or authority is precluded from awarding a procurement contract to a contractor with a finding of non-responsibility under the Order unless it makes a finding, on the record, that such contract is in the best interests of the State, notwithstanding the prior finding of non-responsibility. Such agency or authority must prepare a statement describing the basis of such determination and include it in its procurement record.

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