Replaces previously released version in its entirety


9.5. Can an Offerer be held responsible for impermissible Contacts by another (knowing and willful) party on behalf of the Offerer but without the knowledge of the Offerer? (Last Updated: 6/14/2010)

Yes.  Section 139-j (1)(h) defines an Offerer as the individual or entity, or any employee, agent or consultant or person acting on behalf of such individual or entity, that Contacts a Governmental Entity about a Governmental Procurement during the Restricted Period of such Governmental Procurement whether or not that individual or entity has a financial interest in the outcome of the Governmental Procurement. Therefore, as long as the knowing and willful party was the Offerer’s employee, agent or consultant, the Offerer, even if not aware of any violation, will be held accountable for the actions which violate §139-j (3) of the State Finance Law.

See §139-j (1)(h) of the State Finance Law.


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