attachment-2_nysrequiredcertifications-revised_2025-11-13-changes-tracked.docx
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This document is Attachment 2 of a New York State statewide contract vehicle for Group 35200 – Firearms, Ammunition, and Less Lethal Products. It serves as a required certifications form that all bidders must complete and submit as part of their bid package for this competitive procurement. The document outlines mandatory state and federal compliance certifications that bidders must acknowledge and certify to in order to be considered eligible for award.
The certifications required include: nondiscrimination compliance with the MacBride Fair Employment Principles for any business operations in Northern Ireland; non-collusive bidding practices; compliance with the Diesel Emission Reduction Act for heavy-duty vehicles; prohibition on use of covered telecommunications equipment as defined by the National Defense Authorization Act; compliance with New York State Human Rights Law and Executive Order No. 177 regarding discrimination and harassment; implementation of written policies addressing gender-based violence in the workplace per State Finance Law 139-M; and implementation of sexual harassment prevention policies and training per State Finance Law 139-L. Bidders must provide their legal business name and authorized signature on the certification form, acknowledging under penalty of perjury that all information provided is complete, true, and accurate. Those unable to certify to any requirement must provide a detailed signed statement explaining the reasons for non-compliance.
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Group 35200 – Firearms, Ammunition, and Less Lethal Products (Statewide)
ATTACHMENT 2
NYS REQUIRED CERTIFICATIONS - REVISED 11/13/25
NONDISCRIMINATION IN EMPLOYMENT IN NORTHERN IRELAND MACBRIDE FAIR EMPLOYMENT PRINCIPLES
In accordance with Section 165 of the State Finance Law, the Bidder, by submission of this Bid, certifies that it or any individual or legal entity in which the Bidder holds a 10% or greater ownership interest, or any individual or legal entity that holds a 10% or greater ownership interest in the Bidder, either (answer yes or no to one of the following, as applicable):
1. Have business operations in Northern Ireland No |_| Yes |_|
2. If “Yes” to the above statement, shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles relating to nondiscrimination in employment and freedom of workplace opportunity regarding such operations in Northern Ireland, and shall permit independent monitoring of compliance with such principles.
No |_| Yes |_| N/A |_| (check “N/A” if the answer to Question 1 was “No”)
NON-COLLUSIVE BIDDING CERTIFICATION
In accordance with Section 139-d of the State Finance Law, by submitting its Bid each Bidder and each person signing on behalf of any other Bidder certifies, and in the case of a joint Bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his or her knowledge and belief:
1. The prices in this Bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor.
2. Unless otherwise required by law, the prices which have been quoted in this Bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly, to any other Bidder or to any competitor.
3. No attempt has been made or will be made by the Bidder to induce any other person, partnership or corporation to submit or not to submit a Bid for the purpose of restricting competition.
In the event that the Bidder is unable to certify as stated above, the Bidder shall provide a signed statement which sets forth in detail the reasons why the Bidder is unable to furnish the certificate as required in accordance with State Finance law § 139-d(1)(b).
DIESEL EMISSION REDUCTION ACT
Pursuant to N.Y. Environmental Conservation Law § 19‑0323 (the “Law”), it is a requirement that heavy-duty diesel vehicles in excess of 8,500 pounds use the best available retrofit technology (“BART”) and ultra-low sulfur diesel fuel (“ULSD”). The requirement of the Law applies to all vehicles owned, operated by or on behalf of, or leased by State agencies and State or regional public authorities. It also requires that such vehicles owned, operated by or on behalf of, or leased by State agencies and State or regional public authorities with more than half of its governing body appointed by the Governor utilize BART.
The Law may be applicable to vehicles used by contract vendors “on behalf of” State agencies and public authorities and require certain reports from contract vendors. All heavy-duty diesel vehicles must have BART by the deadline provided in the Law. The Law also provides a list of exempted vehicles. Regulations set forth in 6 NYCRR Parts 248 and 249 provide further guidance. The Bidder hereby certifies and warrants that all heavy-duty vehicles, as defined in the Law, to be used under this contract, will comply with the specifications and provisions of the Law, and 6 NYCRR Parts 248 and 249.
PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT
In accordance with Section 889 of the National Defense Authorization Act (NDAA) for fiscal year 2019, by signing below, Bidder agrees that, in any contract or subcontract resulting from this Solicitation, Bidder or Subcontractor will not provide to the State or Authorized User any equipment, system, or service that uses covered telecommunications equipment or services, as defined by the NDAA, as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception applies or the covered telecommunications equipment or services are covered by a waiver, as set forth in the NDAA and the rules and regulations promulgated thereunder
EXECUTIVE ORDER NO. 177 CERTIFICATION
The New York State Human Rights Law, Article 15 of the Executive Law, prohibits discrimination and harassment based on age, race, creed, color, national origin, sex, pregnancy or pregnancy-related conditions, sexual orientation, gender identity, disability, marital status, familial status, domestic violence victim status, prior arrest or conviction record, military status or predisposing genetic characteristics.
The Human Rights Law may also require reasonable accommodation for persons with disabilities and pregnancy-related conditions. A reasonable accommodation is an adjustment to a job or work environment that enables a person with a disability to perform the essential functions of a job in a reasonable manner. The Human Rights Law may also require reasonable accommodation in employment on the basis of Sabbath observance or religious practices.
Generally, the Human Rights Law applies to:
· All employers of four or more people, employment agencies, labor organizations and apprenticeship training programs in all instances of discrimination or harassment;
· Employers with fewer than four employees in all cases involving sexual harassment; and,
· Any employer of domestic workers in cases involving sexual harassment or harassment based on gender, race, religion or national origin.
In accordance with Executive Order No. 177 Prohibiting State Contracts With Entities that Support Discrimination, the Bidder hereby certifies that it does not have institutional policies or practices that fail to address the harassment and discrimination of individuals on the basis of their age, race, creed, color, national origin, sex, sexual orientation, gender identity, disability, marital status, military status, or other protected status under the Human Rights Law.
Executive Order No. 177 and this certification do not affect institutional policies or practices that are protected by existing law, including but not limited to the First Amendment of the United States Constitution, Article 1, Section 3 of the New York State Constitution, and Section 296(11) of the New York State Human Rights Law.
GENDER-BASED VIOLENCE AND THE WORKPLACE CERTIFICATION
New York State Finance Law §139-M requires Bidders on competitive state procurements to certify that they have a written policy addressing gender-based violence and the workplace and that such policy meets the following minimum requirements:
· Share Information: Employers must provide information regarding gender-based violence where employees can see and access it, including displaying the NYS Domestic and Sexual Violence Hotline information and a gender-based violence and the workplace poster.
· Refer Employee-Survivors to Services: The policy must require that the employer refer employees who disclose current or past victim status to the NYS Domestic and Sexual Violence Hotline and/or a local service provider. For bidders outside of New York State, referrals should be made to a local provider or statewide hotline. While referrals are required to be provided by the employer, it is not required for the employee to access services.
· Prohibit Retaliation: The policy must clearly state that discrimination or retaliation against employees who identify as victims or survivors of gender-based violence is prohibited.
· Comply with Laws: Ensure your policy follows State law. For employers based in New York State, this means that the policy must follow the SAFE Leave Act, New York State Human Rights Law, and any other relevant laws and regulations.
· Offer Implementation Support: The NYS Office for the Prevention of Domestic Violence (OPDV) is able to assist employers in developing and implementing this policy. Employers must provide information to supervisors and human resources, where available, about this technical assistance from OPDV. OPDV can be contacted at workplace@opdv.ny.gov.
By submission of this Bid, each Bidder and each person signing on behalf of any Bidder certifies, and in the case of a joint Bid each party thereto certifies as to its own organization, under penalty of perjury, that the Bidder has and has implemented a written policy addressing gender-based violence and the workplace and has provided such policy to all of its employees, directors and board members. Such policy shall, at a minimum, meet the requirements of subdivision 11 of section five hundred seventy-five of the executive law. If the Bidder cannot make the foregoing certification, such Bidder shall so state and shall furnish with the Bid a signed statement that sets forth in detail the reasons that the Bidder cannot make the certification.
STATE FINANCE LAW § 139-L CERTIFICATION
By submission of this Bid, each Bidder and each person signing on behalf of any Bidder certifies, and in the case of a joint Bid each party thereto certifies as to its own organization, under penalty of perjury, that the Bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of section two hundred one-g of the labor law.
If the Bidder cannot make the foregoing certification, such Bidder shall so state and shall furnish with the Bid a signed statement that sets forth in detail the reasons that the Bidder cannot make the certification.
By signing, you certify your express authority to sign on behalf of yourself, your company, or other entity and full knowledge and acceptance of this Attachment 2 and that all information provided is complete, true and accurate.
Legal Business Name of Company Bidding:
D/B/A - Doing Business As (if applicable):
Bidder’s Signature:
Title:
Printed or Typed Name:
Date:
3520023392_Attachment 2_NYSRequiredCertifications (Revised 2025-11-13)
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