State Finance Law 139 form A,B,C68.pdf

FORM A

State Finance Law 139-j and 139-k

SUMMARY

Policy and Procedure of the State University of New York Relating to State Finance Law §§139-j and 139-k

State Finance Law §§139-j and 139-k, enacted by Ch. 1 L. 2005, as amended by Ch. 596 L. 2005, effective January 1, 2006, regulate lobbying on government procurement, including procurements by State University to obtain commodities and services and to undertake real estate transactions.

Generally, the law restricts communications between a potential vendor or a person acting on behalf of the vendor, including its lobbyist, to communications with the officers and employees of the procuring agency designated in each solicitation to receive such communications. Further, the law prohibits a communication (a “Contact”) which a reasonable person would infer as an attempt to unduly influence the award, denial or amendment of a contract. These restrictions apply to each contract in excess of $15,000 during the “restricted period” (the time commencing with the earliest written notice of the proposed procurement and ending with the later of approval of the final contract by the agency, or, if applicable, the State Comptroller). The agency must record all Contacts, and, generally, must deny an award of contract to a vendor involved in a knowing and willful Contact. Each agency must develop guidelines and procedures regarding Contacts and procedures for the reporting and investigation of Contacts. The agency’s procurement record must demonstrate compliance with these new requirements.

Accordingly, neither a potential vendor nor a person acting on behalf of the vendor should contact any individual at State University other than the person designated in this solicitation as State University’s Designated Contact, nor attempt to unduly influence award of the contract. State University will make a record of all Contacts, and such records of Contact will become part of the procurement record for this solicitation. A determination that a vendor or a person acting on behalf of the vendor has made intentionally a Contact or provided inaccurate or incomplete information as to its past compliance with State Finance Law §§139-j and 139-k is likely to result in denial of the award of contract under this solicitation. Additional sanctions may apply.

A complete copy of the State University of New York Procurement Lobbying Policy and

Procedure is available for review: Procurement Lobbying Procedure

Prior to approval by State University, or, if applicable, the State Comptroller, of the contract for which this solicitation has been issued, an Offerer shall not communicate with State University other than with the person identified in this solicitation as Designated Contact, or with a person who the Designated Contact has advised the Offerer is also a Designated Contact.

State University reserves the right to terminate this contract in the event it is determined that the certification filed by the Contractor in accordance with State Finance Law §§139-j and 139-k was intentionally false or intentionally incomplete. Upon such determination, State University may exercise its termination right by providing written notification to the Contractor in accordance with the written notification terms of the contract.

By signing Form C, Form A is incorporated into the contract and any contract amendments.

http://www.suny.edu/sunypp/documents.cfm?doc_id=430

FORM B (Bidder) Affirmation with respect to State Finance Law 139-j and 139-k

A complete copy of the State University of New York Procurement Lobbying Policy and Procedure is available for review: Procurement Lobbying Procedure. Offerer AFFIRMS that it has reviewed and understands the Policy and Procedure of the State University of New York, relating to State Finance Law 139-j and 139-k, and agrees to comply with State University’s procedure relating to Contacts with respect to this procurement.

FORM C (Bidder) Disclosure and Certification with respect to State Finance Law 139-J and 139-k

Procurement Description/ID No. ___________________________________________

1. Has a Governmental Entity, as defined in State Finance Law 139-j(1)(a), made a determination of non-responsibility with respect to the Offerer within the previous four years where such finding was due to a violation of State Finance Law 139-J or the intentional provision of false or incomplete information with respect to previous determinations of non-responsibility?

No _______ Yes _______

If yes, provide the following details:

Governmental Entity which made the finding: ___________________________ Date of Finding: ____________________________________________________ Basis of Finding: ____________________________________________________

2. Has the Governmental Entity terminated or withheld a procurement contract with the Offerer because of violations of State Finance Law 139-J or the intentional provision of false or incomplete information with respect to previous determinations of non-responsibility?

No _______ Yes_______

If yes, identify the following:

Governmental Entity with terminated the contract: _______________________ Date of contract termination or withholding: _____________________________ Identify the related procurement contract: _______________________________

Offerer CERTIFIES that all information (Forms A, B and C) provided by Offerer with respect to its compliance with State Finance Law 139-j and 139-k is complete, true and accurate.

Name of Offerer: ______________________________________________________________ Address: _____________________________________________________________________ Signature of Person Submitting Form: ____________________________________________ Name: _______________________________________________________________________ Title: ________________________________________________________________________ Date: ________________________________________________________________________ http://www.suny.edu/sunypp/documents.cfm?doc_id=430