Replaces previously released version in its entirety


12.9. Can a Governmental Entity terminate a contract with an Offerer who has failed to provide information that is complete, true and accurate pursuant to §139-k (5) of the State Finance Law? (Last Updated: 3/16/2006)

Yes.  Section 139-k(5) of the State Finance Law requires an Offerer awarded a procurement contract to certify that the information it provides pertaining to the disclosure of findings of non-responsibility and debarment are complete, true and accurate and requires a Governmental Entity to incorporate a termination clause in the procurement contract.  The contract can be terminated if it is found that the Offerer provided information that was intentionally false or intentionally incomplete.  Section 139-k(5) goes on further to state that a Governmental Entity shall include in the procurement record a statement describing the basis for any action taken pursuant to such termination provision.


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