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BIDDERS, PLEASE BE AWARE...

For competitive bids involving New York State funds, the State now requires bidders to certify their business has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual training toward such for all of its employees. A State agency or department may, at its discretion, also require compliance with the certification requirement even when competitive bidding is not required.

State Finance Law §139-l. Statement on Sexual Harassment in Bids New York State Finance Law §139-l, effective January 1, 2019, requires, in relevant part, that “[e]very bid . . . 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 [a] statement subscribed by the bidder and affirmed by such bidder as true under the penalty of perjury. . . [that] ‘[b]y 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.’ The bidder must provide the foregoing certification prior to any award being made by a State Agency.

For additional guidance on drafting an appropriate sexual harassment policy and developing appropriate training please refer to www.ny.gov/combating-sexualharassment-workplace/employers#top