2020 New York Laws
STF - State Finance
Article 9 - Contracts
139-L - Statement on Sexual Harassment, in Bids.

§  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  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.