PROCUREMENT LOBBYING LAW
FREQUENTLY ASKED QUESTIONS (FAQs)
Replaces previously released version in its entirety
9.1. What is a determination of responsibility? (Last Updated: 6/14/2010)
The State Finance Law requires certain Governmental Entities to make a determination of responsibility before awarding a Procurement Contract. The determination must be based on traditional responsibility factors such as financial and organizational capacity, legal authority, integrity, and past performance. The provisions of the State Finance Law additionally require Governmental Entities to consider in responsibility determinations any violations of the permissible Contact requirements of State Finance Law § 139-j and the disclosure requirements of State Finance Law § 139-k. There must be a determination of non-responsibility if it is found that the Offerer made an impermissible Contact or failed to timely disclose accurate and complete information or otherwise cooperate in providing the information required by State Finance Law § 139-k. Often when a procuring Governmental Entity receives information that calls into question one or more attributes of responsibility, a due process review is undertaken with diligent inquiry into the facts resulting in a determination for the Procurement Record.
See State Finance Law §139-j (7).