PROCUREMENT LOBBYING LAW
FREQUENTLY ASKED QUESTIONS (FAQs)

  Replaces previously released version in its entirety

 
9.8. Does a single finding of non-responsibility under State Finance Law §139-j(10)(b) by a Governmental Entity reported for inclusion on the OGS website preclude award of other procurement contracts to such Offerer?  Or to state another way, if Vendor A is found non-responsible by Governmental Entity 1 due to a knowing and willful impermissible Contact, can Governmental Entity 2 still award a procurement contract to Vendor A? (Last Updated: 11/9/2006)
     

A:  State Finance Law §139-j(10) sets forth the consequences to an Offerer for a single finding of non-responsibility under this statute.  In pertinent part, it provides that if an Offerer is found to have “knowingly and willfully violated the provisions of subdivision three of this section” then there shall be a determination of non-responsibility under this statute and such Offerer, its subsidiaries and related organizations, “shall not be awarded the procurement contract” unless certain factual showings can be established.  There is no debarment unless there is a subsequent determination of non-responsibility due to a violation of State Finance Law §139-j within a four year period from the first determination.  Thus, Governmental Entity 2 is not precluded from awarding a procurement contract to Vendor A if there is a single finding of non-responsibility under State Finance Law §139-j(10)(b).




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