N.Y. State Finance Law Section 139-A
Ground for cancellation of contract by state


A clause shall be inserted in all specifications or contracts hereafter made or awarded by the state or any public department, agency or official thereof, for work or services performed or to be performed, or goods sold or to be sold, to provide that:

(a)

upon the refusal by a person, when called before a grand jury, head of a state department, temporary state commission or other state agency, or the organized crime task force in the department of law, which is empowered to compel the attendance of witnesses and examine them under oath, to testify in an investigation, concerning any transaction or contract had with the state, any political subdivision thereof, a public authority or with any public department, agency or official of the state or of any political subdivision thereof or of a public authority, to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract; or

(b)

upon the conviction of any person of a crime defined in article two hundred or four hundred ninety-six or section 195.20 of the penal law, (i) such person, and any firm, partnership or corporation of which he is a member, partner, director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with the state or any public department, agency or official thereof, for goods, work or services, for a period of five years after such refusal, a period of five years upon a conviction of a misdemeanor defined in article two hundred or article four hundred ninety-six or an attempt to commit a violation of section 195.20 of the penal law, provided that in the event such conviction is the result of a plea agreement resulting in a plea to such charge in lieu of a plea or conviction of a felony defined in section 195.20, article two hundred or article four hundred ninety-six of the penal law, all parties to such agreement may agree that the period of such bar may be for a period of up to ten years from the date of conviction, or upon conviction of a felony defined in article two hundred or four hundred ninety-six or section 195.20 of the penal law, for life, any convicted firm, partnership or corporation is disqualified for its existence and to provide also that (ii) any and all contracts made with the state or any public department, agency or official thereof, since the effective date of this law, by such person, and by any firm, partnership or corporation of which he is a member, partner, director or officer may be cancelled or terminated by the state without incurring any penalty or damages on account of such cancellation or termination, but any monies owing by the state for goods delivered or work done prior to the cancellation or termination shall be paid.

Source: Section 139-A — Ground for cancellation of contract by state, https://www.­nysenate.­gov/legislation/laws/STF/139-A (updated Sep. 22, 2014; accessed Jul. 13, 2024).

135
Separate specifications for contract work for the state
135‑A
Definitions
136
Contracts in pursuance of appropriations
136‑A
Contracts for architectural, engineering, geological, landscape architecture and surveying services
136‑B
Selection of underwriters by state agencies
136‑C
Contracts for employee training and organizational development services
136‑D
Contracts involving industrial painting and industrial coatings
136‑D*2
Contracts involving low embodied carbon concrete
137
Bond to secure payment of certain claims arising from a public improvement
138
State contracts not to be assigned without consent
138‑A
Commencement of actions on state public works contracts
139
Retained percentages
139‑A
Ground for cancellation of contract by state
139‑B
Disqualification to contract with state
139‑C
Removal of disqualification of public contractors by petition
139‑D
Statement of non-collusion in bids to the state
139‑E
Security bonds
139‑F
Payment on public work projects
139‑G
Obligations to make contracts available to small and certified women and minority-owned business concerns
139‑H
Participation in an international boycott prohibited
139‑I
Obligations with respect to procurement contracts with New York state and foreign business enterprises
139‑J
Restrictions on contacts during the procurement process
139‑K
Disclosure of contacts and responsibility of offerers
139‑L
Statement on sexual harassment, in bids
140
Disposition of deposit accompanying bid
141
Claims against contractors
142
Workmen’s compensation insurance on public works
143
Deposits on plans and specifications for contracts for public work
144
Opening and reading of bids for contracts for public work
145
Acceptance of final payment under a state contract
146
Certain construction contracts involving steel
147
Mentor-protege program
148
Certain contracts involving personal protective equipment and medical supplies

Accessed:
Jul. 13, 2024

Last modified:
Sep. 22, 2014

§ 139-A’s source at nysenate​.gov

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