Debarred and Non-Responsible Entities

Debarred and Non-Responsible Entities

Overview

It is imperative that the State conduct business only with responsible entities to ensure that taxpayer dollars are not paid to entities or individuals that lack integrity, are incapable of providing satisfactory performance, or fail to comply with existing laws.

To ensure uniform practices for determining the responsibility of potential vendors prior to contract award, and the continuing responsibility of vendors during the course of a contract, New York State issued Executive Order 192 (“EO 192”) on January 15, 2019.  EO 192 requires State agencies and authorities to determine if the contract awardee has been debarred from award of a future State contract or been found non-responsible by a State agency or authority. EO 192 is available at the following link:

 

Executive Order 192: Imposing Continuing Vendor Integrity Requirements in State Contracts

 

Guidance for the Implementation of EO 192 is available here:

 

Executive Order 192 Implementation Guidance

 

In addition, by Memorandum dated April 3, 2013 (the “2013 Memorandum”), the Secretary to the Governor directed State agencies and authorities to include provisions in State contracts requiring that contractors remain responsible throughout the term of their contracts.  These contract provisions give State agencies and authorities (i) the right to suspend work under the contract if information is discovered that calls into question the responsibility of the contractor and (ii) the right to terminate the contract if the agency or authority decides that the contractor is not responsible.  The 2013 Memorandum is available here:

 

2013 Memorandum on Responsibility Provisions in state contracts

Debarred Entities

In accordance with EO 192, the Office of General Services (“OGS”) is required to post a list of debarred entities.  The New York State Department of Labor maintains a database of individuals and entities that are prohibited from bidding on or being awarded a State contract based upon violations of Articles 8 or 9 of the Labor Law or violations of the Workers’ Compensation Law.  That database can be found at the following link:

 

Database of debarred entities

 

Although there are other State laws authorizing the debarment of individuals and entities from State contracting, OGS has not been made aware that any individuals or entities have been debarred pursuant to those laws.  If a State agency or authority advises OGS that it has debarred an individual or entity pursuant to such laws, OGS will post that information on this page.

State agencies and authorities should also bear in mind that pursuant to Labor Law § 220-(3)(b)(3), any bidder that has been debarred by the federal government may not be awarded a public work contract unless the State agency or authority determines, after public notice and comment, that there is a compelling reason to allow the bidder to be awarded the relevant public work contract.  To determine if a bidder has been federally debarred, agencies and authorities should search the federal System for Award Management at the following link:

 

Federal System for award management

 

Non-Responsible Entities

In accordance with EO 192 and the 2013 Memorandum, OGS is required to post a list of non-responsible entities.

 

Contractor Name & AddressFEIN #Agency/Authority NameAgency/Authority Contact Email & Phone NumberDate of Non-Responsibility Determination
Anthony J. Salvatore
Salvatore Trucking
PO Box 763
Saugerties, NY 12477
46-3921663OPWDDMarc Kleinhenz
[email protected]
518-474-7719
August 31, 2023
PLSIII, LLC
We Care, Cedar Bus Company
401 E Amherst Street
Buffalo, NY 14215
16-1606714OPWDDMarc Kleinhenz
[email protected]
518-474-7719
April 5, 2023
Kapsch TrafficCom USA, Inc.
2855 Premiere Parkway, Suite F
Duluth, Georgia, 30097
16-1317836DOTMatt Bromirski
[email protected]
518-485-0822
September 7, 2023
Jaid Construction, Inc.
94-43  120th St., 1st Floor
South Richmond Hill, NY 
11419-1305
46-1031370OGSPierre Alric
[email protected]
(518) 473-2899
April 7, 2023
McClain & Co. Inc.
19152 Germanna Highway
Culpeper, VA 22701
54-1832039DOTMatt Bromirski
[email protected]
518-485-0822
March 28, 2023
ATANE Engineer, Architects and Land Surveyors, D.P.C.
40 Wall Street, 11th Floor; New York, New York 10005
13-3779703DOTMatt Bromirski
[email protected]
518-485-0822
February 14, 2023
The Grasso Companies, LLC
485 Pepper Street
Monroe, CT 06468
27-2070941DOTMatt Bromirski
[email protected]
518-485-0822
September 7, 2022
Economy Paving Co., Inc.
1819 NY Route 13
Cortland, NY 13045
16-0951911DOTMatt Bromirski
[email protected]
518-485-0822
8/12/2022
United Industries Unlimited LLC
18 Park Drive East
Syosset, NY 11791
83-0785872MTAKennith Norman
[email protected]
646-252-6340
July 18, 2022
Economy Paving Co., Inc.
1819 NY Route 13
Cortland, NY 13045
16-0951911DOTMatt Bromirski
[email protected]
518-485-0822
May 13, 2022
ATANE Engineers, Architects and Land Surveyors, D.P.C.
40 Wall Street, 11th Floor
New York, New York 10005
13-3779703DOTMatt Bromirski
[email protected]
518-485-0822
March 7, 2022
Curb Mobility, LLC
11-11 34th Avenue
Long Island City, NY 11106
82-3661311MTAKennith Norman
[email protected]
646-252-6340
May 5, 2021
Human Touch Translations LTD.
111 Great Neck Road, Suite 201-B
Great Neck, NY, 11021 
27-2264923OTDAKrista Rock, General Counsel
[email protected]
 (518) 474-9502
April 23, 2021
Allstate Enterprises, Inc.
2369 Stewart Avenue
Westbury, NY  11590-6040
35-2393198OGSPierre Alric
[email protected]
(518) 473-2899
March 1, 2021

Trillium Psychiatry, PLLC

200 Trillium Lane

Albany, NY, 12203

81-3687806OCFSKevin R. Sweet
[email protected]
518-486-7573
July 27, 2020
McClain & Co, Inc
19152 Germanna Highway
Culpepper, VA 22701
54-1832039DOTMatt Bromirski
[email protected]
518-4850822
May 7, 2020
ATANE Engineers, Architects and Land Surveyors, D.P.C.
40 Wall Street
New York, NY  10005
13-3779703DOTMatt Bromirski
[email protected]
518-485-0822
February 11, 2020
ATANE Engineers, Architects and Land Surveyors, D.P.C.
40 Wall Street
New York, NY 10005
13-3779703DOTMatt Bromirski
[email protected]
518-485-0822
January 3, 2020

The Altamont Program, Inc.

428 Duane Avenue

Schenectady, NY 12304

14-1708881DOCCS

David Gambacorta

[email protected]

518-436-7886

September 23, 2019

 

If a bidder is on the list of non-responsible entities, State agencies and authorities are precluded by EO 192 from awarding the contract to the bidder unless the agency or authority obtains a waiver from the Counsel to the Governor.  Requests for a waiver should be submitted using the following form:

 

Waiver Request form

 

Please note that there is no waiver process for bidders that are debarred.  

Reporting Debarments and Non-Responsibility Determinations

In accordance with EO 192, if a State agency or authority debars a bidder or makes a determination that a bidder is not responsible, the agency or authority must report that determination to OGS within five days using the Submission of Debarment/Non-Responsibility Entities spreadsheet and emailing it to:  [email protected]

 

debarment/non-responsibility reporting spreadsheet

 

Debarred entities shall remain on the list of Debarred Entities until the debarment period ends in accordance with the relevant law, unless a court of competent jurisdiction determines that the debarment determination was in error.  Non-responsible entities shall remain on the list of Non-Responsible Entities for five years, unless a court of competent jurisdiction determines that the non-responsibility determination was in error.

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