PROCUREMENT LOBBYING LAW
FREQUENTLY ASKED QUESTIONS (FAQs)
Replaces previously released version in its entirety
9.6. Does the ineligibility for award after repeated findings of non-responsibility refer to repeated findings in my Governmental Entity or all Governmental Entities? (Last Updated: 3/16/2006)
All Governmental Entities must adhere to findings that an Offerer is debarred, which renders the Offerer ineligible for an award because of a second determination of non-responsibility made by any Governmental Entity within four years of an initial determination of non-responsibility due to violations of §§139-j and 139-k of the State Finance Law. A list of Offerers which have been determined to be non-responsible and debarred by any Governmental Entity will be maintained by the Office of General Services (OGS), and by law must be published on its website to ensure that all Governmental Entities are aware of which Offerers are non-responsible or debarred. Governmental Entities are obligated to notify OGS upon making a determination that a bidder is non-responsible or debarred.
For example, if the Department of Labor (DOL) makes a final determination that Offerer X violated State Finance Law §139-j (3) , DOL must not award the contract to Offerer X (unless as excepted by §139-j(10)(b)) and must notify OGS of that determination so that OGS can add Offerer X to the list of non-responsible bidders published on the OGS website. If the New York State Thruway Authority then finds Offerer X to be non-responsible due to a violation of §§139-j or 139-k of the State Finance Law, then Offerer X is ineligible to receive the Thruway Authority contract and the Thruway Authority must report its determination to OGS. If that second violation (Thruway Authority violation) occurred within four years of the first violation (DOL violation), OGS would add the Offerer to the list of debarred vendors and Offerer X would be ineligible to submit a proposal on or be awarded any procurement contract by any other Governmental Entity for four years from the date of the Thruway Authority determination.
See §139-j (10)(b) of the State Finance Law.