Specifications

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Offerer Disclosure of Prior
Non-Responsibility Determinations
Background:
New York State Finance Law §139-k(2) obligates a Governmental Entity to obtain specific
information regarding prior non-responsibility determinations with respect to State Finance Law
§139-j. This information must be collected in addition to the information that is separately obtained
pursuant to State Finance Law §163(9). In accordance with State Finance Law §139-k, an Offerer
must be asked to disclose whether there has been a finding of non-responsibility made within the
previous four (4) years by any Governmental Entity due to: (a) a violation of State Finance Law
§139-j or (b) the intentional provision of false or incomplete information to a Governmental Entity.
The terms “Offerer” and “Governmental Entity” are defined in State Finance Law § 139-k(1). State
Finance Law §139-j sets forth detailed requirements about the restrictions on Contacts during the
procurement process. A violation of State Finance Law
§139-j includes, but is not limited to, an impermissible Contact during the restricted period (for
example, contacting a person or entity other than the designated contact person, when such
contact does not fall within one of the exemptions).
As part of its responsibility determination, State Finance Law §139-k(3) mandates consideration of
whether an Offerer fails to timely disclose accurate or complete information regarding the above
non-responsibility determination. In accordance with law, no Procurement Contract shall be
awarded to any Offerer that fails to timely disclose accurate or complete information under this
section, unless a finding is made that the award of the Procurement Contract to the Offerer is
necessary to protect public property or public health safety, and that the Offerer is the only source
capable of supplying the required Article of Procurement within the necessary timeframe. See
State Finance Law §§139-j (10)(b) and 139-k(3).
Instructions:
A Governmental Entity must include a disclosure request regarding prior non-responsibility
determinations in accordance with State Finance Law §139-k in its solicitation of proposals or bid
documents or specifications or contract documents, as applicable, for procurement contracts. The
attached form is to be completed and submitted by the individual or entity seeking to enter into a
Procurement Contract. It shall be submitted to the Governmental Entity conducting the
Governmental Procurement.