N.Y. State Finance Law § 139-m: Statement on gender-based violence and the workplace, in bids

§ 139-m. Statement on gender-based violence and the workplace, 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 gender-based violence and the workplace and has provided such

policy to all of its employees, directors and board members. Such policy

shall, at a minimum, meet the requirements of subdivision 11 of section

five hundred seventy-five of the executive 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.