Andrew M. Cuomo, Governor
Robert L. Megna, Budget Director
For your convenience the following document is provided:
Resources for Determining Compensation Comparability Pursuant to Executive Order 38 and Associated Regulations
In order to facilitate compliance with Executive Order 38, the State of New York is seeking to identify compensation survey service providers which can be used by covered entities to determine allowable executive compensation pursuant to the Executive Order and associated State agency regulations.
This Request for Information (RFI) is designed to solicit information from interested parties concerning the provision of compensation survey services. Vendors that submit a response may be placed on a list of Compensation Survey Service Providers on the EO38 Portal at http://executiveorder38.ny.gov/.
Executive Order 38 requires certain New York Executive State agencies to promulgate regulations designed to place limits on administrative expenses and executive compensation for certain non-governmental entities that receive State Funds or State-Authorized payments. The regulations were promulgated by the following State agencies, with an effective date of July 1, 2013:
• Agriculture & Markets
• Division of Criminal Justice Services
• Department of Corrections and Community Supervision
• Department of Health
• Department of State
• Homes and Community Renewal
• Office for the Aging
• Office of Alcoholism and Substance Abuse Services
• Office of Children and Family Services
• Office of Mental Health
• Office for People with Developmental Disabilities
• Office of Temporary and Disability Assistance
• Office of Victim Services
In order to comply with the regulations, covered entities may, among other things, rely upon a compensation survey identified, provided, or recognized by the State agencies and the Director of the Division of the Budget. The purpose of this Request for Information is to assist the State agencies and the Division of the Budget in identifying such survey providers to be listed on the EO38 Portal.
This is not a State procurement. Executive Order 38 covered entities will have the option of using compensation survey vendors identified through this Request for Information or other directories, at the covered entities’ discretion.
A copy of this RFI will be posted at http://www.budget.ny.gov/contract/index.html. This RFI will consist of formal written responses from interested parties. Respondents are directed to follow the guidelines outlined below.
|April 4, 2014||Issuance of Request for Information|
|April 16, 2014 – 12:00PM ET||Submission Deadline|
Note: Interested respondents should check the Division’s website on a regular basis from time of RFI issuance through submission deadline for any possible updates to the RFI. It is the sole responsibility of the respondent to be knowledgeable of all updates to this RFI.
Respondents to this Request for Information should furnish the following:
Responses should be no more than 10 pages.
Please include in your response a contact for your organization with name, telephone number, e-mail, and mailing address.
An electronic copy of the response should be e-mailed no later than 12:00PM on April 16, 2014 to Contracts@budget.ny.gov.
This RFI is exploratory in nature. It is being conducted to solicit information from interested parties concerning compensation survey services. This RFI is NOT A BID SOLICITATION. Vendors that submit a response according to the instructions may be placed on a list of Compensation Survey Service Providers on the EO38 Portal at http://executiveorder38.ny.gov/, scheduled to be published in May 2014. The list of providers shall not be construed as an endorsement of these providers, nor certification or guarantee of their work. The only purpose of the list of Compensation Survey Service Providers is to indicate that the providers are available to be contacted to provide compensation surveys to covered entities.
Responses will be reviewed based on the information supplied in response to the three categories of information requested in the “Written Submission” section.
A vendor that does not provide a complete response will be notified by e-mail of the reason(s) why. Vendors may resubmit qualifying information at a later date and may be added to the list.
The State reserves the right to remove any listed Compensation Survey Service Provider at any time if that Service Provider cannot provide the services. A vendor being removed from the list of Service Providers will be notified by e-mail of the reason(s) why.
Responses to this RFI should not anticipate a future procurement, application request, or contract.
All materials submitted by a respondent shall become the property of the State and may be returned to the respondent at the sole discretion of the State. To request that materials be protected from New York State Freedom of Information Law (FOIL) disclosure, the respondent must follow the procedures below regarding the FOIL. If a respondent believes that any information in its response or subsequent communication constitutes proprietary and/or trade secret information and desires that such information not be disclosed if requested pursuant to the New York State Freedom of Information Law, Article 6 of the Public Officers Law, the respondent should make that assertion by clearly identifying, by page number, line, or other appropriate designation, the specific information requested to be protected from FOIL disclosure and the specific reason why such information should not be disclosed. Vague, non-specific, summary allegations that material is proprietary or trade-secret are inadequate and will not result in protection from FOIL disclosure.
In the event any material is requested pursuant to FOIL, the State will address each party’s interests fully in accordance with the procedures required by Article 6 of the Public Officers Law.
The State will not be liable for any costs incurred by any respondent pertaining to the preparation and submittal of any written responses to this RFI.