|Issuer:||Edward J. King|
|Mass Register:||No. 303|
Table of Contents
WHEREAS, the Commonwealth administers and funds various programs of public assistance; and
WHEREAS, it is in the interest of the Commonwealth and the recipients of public assistance that such recipients secure employment and thereby become economically self-sufficient; and
WHEREAS, the Commonwealth spends hundreds of millions of dollars annually to contract with private providers for a vast array of health, social and other services; and
WHEREAS, these private contractors hire thousands of employees to provide these critical public services; and
WHEREAS, it is the policy of the Commonwealth to provide as many job opportunities as possible to recipients of public assistance;
NOW, THEREFORE, I, EDWARD J. KING, Governor of the Commonwealth by virtue of the authority vested in me as Supreme Executive Magistrate by the Constitution and the statues of the Commonwealth, do hereby order as follows:
(I) Subject to regulations to be promulgated by the Commissioner of Administration, as hereinafter provided, every agency, bureau, board, commission, institution, and department of the Executive Branch of the Commonwealth shall include the following requirement in solicitations of bids, contracts, or agreements, having an effective date on or after July 1, 1982 or solicitations of bids, contracts, or agreements, entered into subsequent to the effective date of said regulations for the provision of paid services entered into with a private contractor who employs under contract(s) with the Commonwealth a total of twenty (20) or more persons: (1) At least 5 percent of the total number of the contractor's employees working under all of its contract(s) with the Commonwealth must have been recipients of public assistance program(s) administered by the Department of Public Welfare.
(II) In complying with the above clause, however, no contractor shall be required to lay-off or release existing employees to meet the 5 percent requirement. It is expected that expansion and normal attrition will provide the vacancies necessary to meet the 5 percent requirement.
(III) The Commissioner of Administration shall promulgate regulations to carry out the purposes of this Executive Order. Such regulations may include provisions: (1) Specifying the procedures by which the Department of Public Welfare will refer qualified recipients to the contractor; (2) Creating exemptions for those specific positions requiring skills or professional levels not available in the public assistance recipient groups; (3) Specifying the method by which a contractor not meeting the 5 percent requirement upon initial performance will achieve compliance, and establishing time limits therefore; (4) Specifying the method by which the contractor shall report on its compliance with this Order; (5) Specifying the conditions under which the contract may be terminated for non-compliance; and (6) Specifying any other conditions or procedures necessary to carry out the purpose of this Executive Order. (7) In specified cases, the Commissioner of Administration may grant provider waivers.
(IV) All contracting state agencies are hereby directed to cooperate fully with the Commissioner of Administration in the implementation of this Order, and to provide all information requested by the Commissioner.
(V) All contracting state agencies shall file a report with their executive offices as well as the Commissioner of Administration six months after promulgation of the regulations under this Executive Order, and then annually thereafter, stating the degree of compliance with the Order, whether the purpose of the Order has been accomplished, and any recommendations for change.
(VI) The Commissioner of Administration shall report to the Governor on the degree of compliance with this Executive Order, whether the purpose of the Order has been accomplished, and any recommendations for change.
Given at the Executive Chamber in Boston this 10th day of March in the year of Our Lord one thousand nine hundred and eighty-two, and the independence of the United States of America two hundred and six.
EDWARD J. KING
Commonwealth of Massachusetts
MICHAEL JOSEPH CONNOLLY
Secretary of the Commonwealth