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By Lynn Brezosky
When it comes to providing services, the state increasingly is
looking to the private sector.
The latest proposals to overhaul the welfare system, which would diminish
the benefits of millions of recipients, may end up enriching companies
interested in providing services to the state.
With families likely to be limited to five years of benefits, a company
offering a high-tech tracking system that would allow state officials to
know whether recent New York residents already have used up their benefits
as residents of other states could, analysts say, make a killing with the
state as one of its clients.
Private firms expert in job placement skills, in providing child care
and in setting up transportation networks for those without cars or access
to existing public transportation also may benefit from the welfare overhaul.
If the reforms come to pass, they will be only the latest in a string
of opportunities awaiting private sector companies able to provide government
with either high-tech assistance, as in the case of the welfare tracking
system, or human services expertise, as in the case of child care.
High-tech services, which sometimes prove too costly and complex for
the state to provide, and human service contracts, which governments increasingly
are awarding to private firms in recent years, have become the contracts
of choice for companies intent on doing the people's business.
Indeed, the state has actively solicited these contracts. A Services
and Technology division was established in 1994 to help search the private
sector for high-tech services, and human services contracts, touching on
everything from mental health and nursing home care to treatment programs
for alcohol and drug abuse, are omnipresent.
And with an administration now in power in Albany desirous of downsizing
government while providing growth in the private sector, opportunities
for even more companies to do business with the state on a host of services
are, most observers agree, just waiting around the corner.
Despite the increased interest of late in the private sector, service
contracts between the state and private businesses are nothing new. A frayed
ledger sitting outside the state comptroller's office includes a 1917 state
service contract with Acme Construction Corporation, a Troy-based firm
which, along with Atlas Plumbing and Heating of Colonie, did some precision
work for state office buildings that pre-dated the edifices now dotting
Gov. Nelson Rockefeller's Empire State Plaza. That same year, entries also
were recorded for Atlantic Telephone and Telegraph Company, Consolidated
Edison of New York, and Niagara Mohawk Corporation—all of which today provide
billions of dollars in telecommunications and power services to the state.
The Depression of the 1930s brought with it commitments from the activist
administrations of Franklin Roosevelt and Herbert Lehman to provide the
private sector, however possible, with more jobs. The circle of service
contracts that went to the private sector expanded: a road-laying contract
to West Shore Concrete of Cornwall, a contract for work upgrading the West
Point Military Reservation in Orange County, a contract for work on the
Troy Poestenkill State Highway, a contract to turn Howe Caverns in Cobleskill
into a tourist attraction by creating trails and a museum, and contracts
for building bridges for the Northern State Parkway were but a few.
"Some of these contracts are still active," according to Douglas Boettner,
director of state expenditures for the state comptroller's office.
Service contracts today run the gamut. Connecticut General Life has
a $776 million insurance contract for a prescription drug program available
to some 330,000 state workers.
Citicorp landed a $166 million contract to develop an electronic benefit
transfer program which, operating like an ATM card, will provide public
assistance clients with their entitlements.
Overnight mail service contracts have been awarded to three providers—one
handling next-day mail by 10 a.m., another handling stranded next-day delivery,
and still another handling certain out-of-state and airmail delivery requirements
for documents originating from offices in Albany as well as each and every
Senate and Assembly district from Long Island to Buffalo.
Enterprise Rent-a-Car secured a contract for the travel needs of officials
within its service borders, while other vendors handle the needs of officials
traveling beyond Enterprise's reach. Other contracts have been awarded
to 37 different motels throughout the state, with a contract with national
implications currently under consideration.
And then there are the service contracts with architects and construction
companies to build roads, bridges and government owned buildings; the service
contracts for computer testing and training; the service contracts for
street cleaning and rubbish collection; and the service contracts with
security guards, elevator maintenance companies and catering outfits that
provide food and beverage service for all state cafeterias.
Far from being content with the breadth of services the private sector
already provides, the administration of Gov. George Pataki believes opportunities
for the private sector should be expanded even further. The governor, says
John Melia, spokesman for Empire State Development, "believes there are
functions better performed by the private sector." And, he says, an added
benefit of allowing the private sector to provide public services is reducing
"the number of state workers that are a drain on taxpayers."
Office of General Services (OGS) Deputy Commissioner John Stromquist
says administrative efficiency is at the heart of the public-private partnerships.
Dennis Tompkins, spokesman for state Comptroller H. Carl McCall, whose
office reviews the contracts, says that what guides contracting from one
administration to the next is "getting the best deal for the state."
A host of those deals, according to officials, have been secured in
the last couple of years thanks to the 1995 Stewardship Procurement Act,
which created a division within OGS for the purchase of services on a statewide
scale that could then be utilized by local governments, school districts
and the like. OGS, officials say, now is able to centralize buying for
some 3,000 entities.
When one adds together all the state's various agencies in need of private
sector assistance and the political subdivisions within the state that
may lend their names to state contracts for services, one gets a purchasing
power the size of some small national economies, Stromquist says. Significant
leverage for discounts and added services, he says, is the result.
Since 1960, the bulk of state contracts have been arranged through OGS,
an umbrella agency created, in part, to shop for the best possible buys
in goods and services.
Two methods exist for requesting and awarding bids. The state may issue
requests for proposals to qualified businesses on an active bidders list
comprised of companies determined to be responsive and responsible. The
sealed bids are then opened and recorded at a public meeting. Generally,
the company with the lowest bid is awarded the contract.
Or, through negotiated bids, an agency can request proposals from specific
companies that describe how they would handle a particular job. Officials
then call in competitive bidders to discuss their proposals. After "best
and final" bid offers, the contract is awarded on a variety of factors,
including bidding price.
Unsolicited bids also can be initiated by small business owners eager
to share an idea they have for serving the state. Smaller contracts may
be negotiated over the phone with two or three possible vendors.
New contract opportunities are publicly announced through mailing lists,
business-page advertisements and an Internet site to companies that might
be interested.
Local governments that sign on to state-private sector service contracts
should acquire 10 percent to 40 percent savings, according to OGS, as well
as the time and labor savings of not having to shop around and research
vendors. An Essex County administrator, for instance, recently called OGS
wanting in on the state's contract with WestLaw, which provides on-line
access to Dunn and Bradstreet and greatly facilitates research. The administrator
allegedly obtained savings of more than $100 per hour of usage.
Price is not everything, however. Stromquist says vendors also are carefully
assessed for quality of services provided.
Agencies other than OGS also contract out for services and in doing
so frequently make use of so-called centralized state brokers. Associate
Deputy Commissioner of Telecommunications Michael McCormack, for example,
specializes in arranging deals for toll-free numbers, Internet access,
and on-line research options such as WestLaw for multiple agencies.
For all its talk about increasing the number of contracts with the private
sector, much of the administration's ambition has been bridled both by
agreements it has signed with organized labor and by state regulations.
"I think ... there was a sense when [Pataki] came in that things were
gong to be contracted out left and right," says Ross Hanna, director of
labor relations with the 95,000-member Civil Service Employees Association
(CSEA), the state's largest union. But after three months in office, the
administration signed a four-year agreement with CSEA that included comprehensive
protections for workers who lost their jobs as a result of contracting
out. Specifically, the union won a long-coveted provision requiring that
the state offer comparable jobs to state union employees replaced with
workers from the private sector. If no comparable jobs could be found,
the state would then be obliged to offer educational or financial assistance
to anyone forced out by the contracts. A proposed change in the civil service
law, which still awaits legislative approval, also would expand the scope
of government's search for comparable jobs for displaced workers by making
job descriptions more general and allowing for more flexibility in transfers.
"What was a good idea during [Pataki's gubernatorial] campaign in 1994
is not necessarily the same in 1996 when you've seen the full light of
day," Hanna says.
Assorted state regulations, such as those mandating that the ski slopes
at Gore, White Face and Belleayre mountains remain in state hands, also
have tied the administration's hands. Proposals to contract out services
at Gore Mountain, for instance, ran into an avalanche of criticism this
year from Democrats, who run the state Assembly.
Still, the administration has, with some success, pushed the envelope
containing public and private sector service contracts. The state got out
of the baked goods business in 1995, when the administration closed the
state bakery in Rotterdam, transferred most of its 200 employees and auctioned
its equipment for $1.2 million. Some $3 million in contracts were awarded
to private companies to provide bakery and food services to state institutions
that care for the mentally ill, mentally retarded and state prison inmates.
Newport Alliance of Providence, R.I., in its second year of a five-year
state contract to test commercial drivers for drugs or alcohol in their
bloodstreams, could, should the Legislature agree in 1997 to drug testing
welfare recipients as Pataki has proposed, gain an even larger contract.
A 1994 contract with Fleet Bank to process New York state income tax
returns, since expanded by the administration, has attracted the interest
of the Internal Revenue Service. Whereas state workers in the past were
required to key millions of tax forms into state databases, the forms now
are scanned instantly. Fleet's data imaging capabilities allow New York
residents to receive their tax return checks 45 days earlier than they
did when the state ran operations.
State workers now State-union contracts labor alongside temporary workers
hired by Fleet for the high-volume tax season, according to Kevin Quinn,
spokesman with the state Department of Taxation and Finance. But within
the next several years, Fleet will process all 10 million tax returns the
state receives annually. The company also plans to employ 5,000 workers
to do the labor at abandoned IBM buildings in Kingston.
The arrangement has been vehemently opposed by Democrats, however. The
current Fleet contract amounts to $200 million over 10 years and requires
some 3,000 workers to move from the Democratic stronghold of Albany to
Republican-friendly Kingston. Moving the workers, Democrats say, amounts
to geographic patronage on the part of New York's Republican governor.
The administration has inherited other strains of criticism that hounded
its predecessors. Its human service contracts with the private sector,
opponents charge, provide diminished client care. "When you're dealing
with mentally ill people, for example, people who provide care are like
families," says Sherry Halbrook, a spokeswoman for the research department
of the Public Employee's Federation (PEF), the state's white-collar union.
"They become very emotionally important. Having a lot of turnover, a trademark
of the private sector, under mines that."
According to Halbrook, private sector handling of the state's mentally
ill population, much of which occurs in independent group homes and counseling
clinics, also is teeming with underpaid disillusioned employees who often
quit soon after being hired, and with disinterested executive officers
to whom profit margins, as opposed to compassionate care, are the bottom
line.
But defenders of placing the public's health in private hands say Halbrook
and other critics are all wet. Halbrook, for one, represents a union whose
membership has been threatened with downsizing under Pataki's watch. Any
and all proposals on the governor's part to replace the state's workforce
with private sector labor have been resoundingly attacked by PEF and other
unions.
Others say it is the public sector, lacking the competitive edge that
is so much a part of the private sector, that has a history of providing
clients with slack human services. The most important thing is that there
be competition, says David Schaffer, a spokesman with the Business Council
of New York State. "Competition provides improvement," he says.
Others fault the administration, like its predecessors, for the way
in which it awards the service contracts. Chuck Cohen, president of the
Pearl River-based C-Tech—an eight-person company that manufactures products
for the blind and visually impaired—has had a state contract to provide
the company's products for schools across New York. But when the state
recently announced plans to hire four companies to build and service large-print
computers and software for the visually impaired, Cohen saw all four contracts
go to out-of-state vendors. "You'd think they'd offer at least one of the
contracts to an in-state company that pays taxes to the state," says Cohen,
who faults the request-for proposals process for being too vague.
"That's GATT," OGS's Stromquist says, referring to the General Agreement
on Trade and Tariff used to create a level playing field internationally
as well as on the state level. Though in some cases instate vendors will
win contracts if their bid is only slightly higher than that of an out-of-state
firm, in Cohen's case the bid was not close enough, Stromquist says.
Still others worry aloud about the relative lack of oversight of contracts
entered into by the state's authorities and local governments, which do
not face the same approval process that state agencies must undergo before
the state comptroller's office. "Who's checking on the contracting of the
authorities?" asks Tom Fox, counsel to Brooklyn Democrat Anthony Genovesi,
who has been considering a bill ensuring that political subdivisions comply
with competitive bidding practices.
The perennial question of potential private sector contractors contributing
to political campaigns also has dogged the Pataki camp. Medco Containment
Services pharmaceuticals, for instance, which was up for a bid for a $250
million prescription-providing contract covering more than 300,000 state
and local government workers, gave $25,000 to the Republican State Committee
housekeeping account.
Delaware bank MBNA, which recently won the rights to use state tourism
logos on its credit cards, gave the committee $50,000. "People who want
contracts make contributions," says Frank Mauro, executive director of
the Fiscal Policy Institute and former director of the New York City Charter
Commission, which led the effort to revolutionize New York City's contract-procurement
process in the late 1980s.
Undeterred by the criticism, the administration is moving forward with
plans to contract out additional services. Leasing the 2,000-acre Stewart
International Airport in Orange County, administration officials say, would
result in better services to passengers and cargo carriers, and provide
the state with a strong return on its investment.
Growing numbers of independent automobile dealers are generating registrations
at their places of business—a process that used to require tremendous paperwork
and trips to the Department of Motor Vehicles.
Plans also are in the works to sell a 90,000-pound capacity food processing
center at the state's Rockland State Hospital. Now running at only 15 percent
capacity, the operation, says Empire State Development's Melia, is "a total
drain on the state."
Lynn Brezosky is staff researcher for the Newsday Albany Bureau. |