The Procurement Lobbying Act (State Finance Law §139-k) obligates the New York State Unified Court System (UCS) to require bidders/vendors to disclose any finding of non-responsibility made against them within the previous four (4) years by any governmental entity based on: (a) a violation of the Procurement Lobbying Act’s contact restrictions (State Finance Law §139-j(3)); or (b) the intentional provision of false or incomplete information to a governmental entity. UCS is required to consider any failure of the bidder/vendor to timely disclose complete and accurate information concerning these prior determinations of non-responsibility in making its own required determination of vendor responsibility with regard to the vendor’s compliance with the Procurement Lobbying Act. In addition, UCS is prohibited by the Act from awarding a contract to a bidder/vendor that (i) fails to timely disclose accurate or complete information concerning the prior determinations of non-responsibility required to be disclosed; or (ii) knowingly and willfully violates the Act’s contract restrictions, unless a finding is made: (a) that the award of the contract to the bidder/vendor is necessary to protect public property or public health or safety; and (b) that the bidder/vendor is the only source capable of supplying the required goods/services within the necessary timeframe. See State Finance Law §§139-j(10)(b) and 139-k(3)
