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: 2/8/2007)
     

A:  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 http://www.ogs.state.ny.us/aboutogs/regulations/SFL_139jk/NonResponsible.htm and http://www.ogs.state.ny.us/aboutogs/regulations/SFL_139j-k/Debarred.htm.) 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.




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