State Finance Law §139-l requires bidders on state procurements to certify that they have a written policy addressing sexual harassment prevention in the workplace and provide annual sexual harassment training (that meets the Department of Labor’s model policy and training standards) to all its employees.

Every bid made to the State or any public department or agency thereof, where competitive bidding is required by statute, rule or regulation 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.”

Bids that do not contain the above certification may not be considered for award; provided however, that if the bidder cannot make the certification, the bidder shall so state and shall provide with the bid a signed statement which sets forth in detail the reasons why the certification cannot be made.

The certification may be submitted electronically.

Every bid made to the State or any public department or agency thereof, where competitive bidding is not required by statute, rule or regulation may contain, at the discretion of the department, agency or official the certification required above.

State agencies should include the certification or the selected bidder’s statement detailing why the certification cannot be made as part of the procurement record when submitting transactions to the OSC Bureau of Contracts for approval. If the selected bidder cannot provide the certification, the state contracting entity should also include their assessment as to why the bidder’s justification for not providing the certification is reasonable.

Guide to Financial Operations

REV. 10/08/2021