N.Y. State Finance Law Section 139-L
Statement on sexual harassment, in bids

1.

(a) Every bid hereafter made to the state or any public department or agency thereof, where competitive bidding is required by statute, rule or regulation, for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed by the bidder and affirmed by such bidder as true under the penalty of perjury: "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 Labor Law § 201-G (Prevention of sexual harassment)section two hundred one-g of the labor law." (b) Every bid hereafter made to the state or any public department or agency thereof, where competitive bidding is not required by statute, rule or regulation, for work or services performed or to be performed or goods sold or to be sold, may contain, at the discretion of the department, agency or official, the certification required pursuant to paragraph (a) of this subdivision.

2.

Notwithstanding the foregoing, the statement required by paragraph (a) of subdivision one of this section may be submitted electronically in accordance with the provisions of subdivision seven of section one hundred sixty-three of this chapter.

3.

A bid shall not be considered for award nor shall any award be made to a bidder who has not complied with subdivision one of this section; provided, however, that if the bidder cannot make the foregoing certification, such bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefor.

4.

Any bid hereafter made to the state or any public department, agency or official thereof, by a corporate bidder for work or services performed or to be performed or goods sold or to be sold, where such bid contains the statement required by subdivision one of this section, shall be deemed to have been authorized by the board of directors of such bidder, and such authorization shall be deemed to include the signing and submission of such bid and the inclusion therein of such statement as the act and deed of the corporation.

Source: Section 139-L — Statement on sexual harassment, in bids, https://www.­nysenate.­gov/legislation/laws/STF/139-L (updated Jan. 18, 2019; accessed Oct. 26, 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
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Jan. 18, 2019

§ 139-L’s source at nysenate​.gov

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