FAQ for State Agencies_State Finance Law Section 139_2025.10.22.pdf
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- Dutchess County, New York
About this file
This document is a Frequently Asked Questions (FAQ) guide issued by the State of New York regarding the implementation of State Finance Law Section 139-M, effective November 5, 2025, which applies to state agencies conducting competitive procurements. The law requires bidders to certify that their organizations have implemented a Gender-Based Violence and the Workplace Policy that meets the minimum requirements outlined in Executive Law Section 575(11) and have distributed this policy to all employees, directors, and board members. Bidders unable to comply must submit a signed statement explaining their inability to implement the policy by the bid submission deadline. The requirements apply only to bids submitted on or after November 5, 2025 and must be satisfied at the time of bid submission rather than prior to tentative award issuance. The law applies exclusively to state agencies conducting competitive bidding as required by statute, rule, or regulation, and does not affect public authorities or existing contracts unless they are amended or extended.
State agencies retain discretion in evaluating explanations from bidders who cannot provide policy certifications, recognizing that sole proprietors may lack policies due to having no employees while larger organizations may be in implementation phases. The Office for the Prevention of Domestic Violence (OPDV) has published model language for procurements and maintains a Gender-Based Violence and the Workplace website providing policy guidance. The FAQ clarifies that the law does not retroactively impact existing contracts, that competitive grant procurements through Requests for Application (RFA) are subject to the requirements, and that agencies are encouraged to expand these policy requirements beyond statutorily mandated competitive procurements to all procurement and contract activities.
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Text version
October 2025 page 1
State Finance Law Section 139-M Implementation
FAQs for State Agencies
1. If a procurement is released before November 5, 2025 and closes after November 5, 2025, do bidders who submit a bid before November 5, 2025 have to comply with State Finance Law 139-m requirements?
Answer: No. State Finance Law 139-m only applies to bids submitted on or after November 5, 2025. Bids submitted before November 5, 2025 do not need to comply with State Finance Law 139-m.
2. Do requirements of SFL 139-m have to be met at time of bid submission or prior to a tentative award being issued?
Answer: The requirements must be met at the time of bid submission.
3. What if a bidder does not have a policy and cannot provide a certification of compliance?
a. If the bidder provides a statement explaining why they do not have a policy, can that bid be accepted?
Answer: Yes, bidders who do not have a policy need to submit a signed statement explaining why they cannot have a policy in place by November 5, 2025.
b. What are the criteria for evaluating the reason the bidder provides for not having a policy in place?
Answer: Agencies may use their discretion in evaluating the reason why a bidder cannot comply at the time of bid submission. For example, a sole proprietor may not have a policy because there are no other employees. A bidder from a large organization may also attest that they are in the process of implementing a policy, but it has not been finalized yet and provide an implementation plan and timeframe for compliance. Additional inquiries may be forwarded to workplace@opdv.ny.gov.
4. Does OPDV have model language to include in State procurements under 139-m(1)(a) in addition to the language required by the statute?
Answer: Yes. This is the model language: Bidder must certify that the organization has in place and has implemented a Gender-Based Violence and the Workplace Policy (please see the OPDV Gender-Based Violence and the Workplace website for more information regarding these policies) 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 this certification, they must include a signed statement setting forth in detail the reasons therefor.
mailto:workplace@opdv.ny.gov https://opdv.ny.gov/gender-based-violence-and-workplace
State Finance Law Section 139-M Implementation FAQ
October 2025 page 2
5. Does SFL 139-m impact existing contracts?
Answer: No. There is no impact to existing contracts. However, agencies are encouraged to expand the requirement that contractors implement Gender-Based Violence and the Workplace policies to all procurements and contracts.
6. If an existing contract is amended or extended must the SFL-139-m requirements be met by the contractor?
Answer: No. The requirements are only activated by new competitive bidding. Agencies are encouraged to expand the requirement that contractors implement Gender-Based Violence and the Workplace policies to all procurements and contracts.
7. Should the letter to vendors cite the “FY 2025-2026” budget or the “FY 2026-2027” budget?
Answer: The letter should cite FY 2025-2026 budget.
8. Please provide a link to State Finance Law § 139-m.
Answer: It can be found here.
9. Is State Finance Law § 139-m applicable only to state agencies (and NOT public authorities)?
Answer: Yes. The State Finance Law 139-m defines applicable agencies as any “public department or agency thereof.” It does not specifically mention public authorities.
10. Will the policy requirements also apply to competitive grant procurements performed through a Request for Application (RFA)?
Answer: Yes, this policy requirement applies where competitive bidding is required through statute, rule, or regulation.
11. Does competitive bid refer only to procurements above an Agency's threshold?
Answer: Yes, where competitive bidding is required through statute, rule, or regulation.
Agencies are encouraged to expand the requirement that contractors implement Gender-based Violence and the Workplace policies to all procurements and contracts.
12. Slide 15 (of state agency webinar) states: “Provide policy to employees (a.
at time of hire and b. annually)” The law does not appear to include an annual requirement. Can you clarify?
Answer: The law does not specify the minimum standards that are in an employer’s GBV Workplace policy, but it states that “Such policy shall, at a minimum, meet the requirements of subdivision 11 of section five_hundred_seventy-five_of_the_executive_law." See Part J, lines 39-41.
https://www.nysenate.gov/legislation/laws/STF/139-M
State Finance Law Section 139-M Implementation FAQ
October 2025 page 3
Executive Law 575(11) states that OPDV and consultants will “create and publish a model gender-based violence and the workplace policy that employers may utilize in their adoption of a gender-based violence and the workplace policy required by section one hundred thirty-nine-m of the state finance law.” OPDV therefore determined the minimum requirements under the authority of Executive Law 575(11).
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