PROCUREMENT LOBBYING LAW
FREQUENTLY ASKED QUESTIONS (FAQs)
Replaces previously released version in its entirety
9.2. Does the law change the responsibility determination requirements? (Last Updated: 7/15/2019)
Yes, the law establishes several requirements. As part of the procurement process, the Offerer must disclose any prior determination of non-responsibility within the last four years if the basis of such determination was a violation of State Finance Law §139-j or the intentional provision of false or incomplete information to a Governmental Entity. There must be a determination of non-responsibility if it is found that the Offerer willfully and knowingly 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.
See State Finance Law §139-j (2), (3), (4), and (10).
For further help and information on the issue of responsibility and making responsibility determinations, refer to the Office of the State Comptroller's website, at https://www.osc.state.ny.us/vendrep/info_vresp_agency.htm and Section XI.16 of the Office of the State Comptroller’s Guide to Financial Operations: https://www.osc.state.ny.us/agencies/guide/MyWebHelp/#XI/16.htm%3FTocPath%3DXI.%2520Procurement%2520and%2520Contract%2520Management%7C_____16”.
Specific factors to be considered when determining whether an Offerer has failed to timely disclose accurate and complete information or otherwise cooperate in the implementation of the State Finance Law include, but are not limited to:
- Has the Offerer made statements indicating an intentional failure to provide information or a refusal to provide information?
- Has the Offerer refused to provide information?
- Has the Offerer repeatedly omitted required information?
- Has the Offerer engaged in one or more flagrant omissions of the required information?
- Has the Offerer engaged in any impermissible Contacts with the Governmental Entity during the Restricted Period of a Governmental Procurement?
See State Finance Law §139-j (10).