PROCUREMENT LOBBYING LAW
FREQUENTLY ASKED QUESTIONS (FAQs)
Replaces previously released version in its entirety
9.10. If an Offerer is determined to be non-responsible twice within a four-year period, is it the Governmental Entity’s obligation to debar the Offerer or is the process for debarment carried out by the Office of General Services (OGS)? (Last Updated: 7/15/2019)
Pursuant to State Finance Law, a Governmental Entity is required to make determinations of responsibility and non-responsibility, which under certain circumstances can result in debarment. When a Governmental Entity determines that an Offerer is non-responsible or debarred, it is required to notify OGS and the Offerer will be added to the lists of Offerers which have been determined to be non-responsible and debarred by any Governmental Entity that OGS maintains and publishes on its website. (See https://ogs.ny.gov/acpl (Click on List of Offerers Determined to be Non-Responsible Bidders and List of Debarred Offerers on the Left Side of the Page).) While OGS is required by State Finance Law § 139-j (10)(b) to publish and maintain a list of all Offerers who have been determined to be non-responsible bidders or debarred due to violations of that section, it is Governmental Entities which are required to carry out the process for making a determination of non-responsibility. By operation of statute, a second finding of non-responsibility under State Finance Law §139-j (10)(b) within four years from the date of the prior finding results in debarment. There is not a separate proceeding to determine that an Offerer is debarred.