§ 139-M — Statement on gender-based violence and the workplace, in bids

§ 139-m. Statement on gender-based violence and the workplace, in\nbids. 1. (a) Every bid hereafter made to the state or any public\ndepartment or agency thereof, where competitive bidding is required by\nstatute, rule or regulation, for work or services performed or to be\nperformed or goods sold or to be sold, shall contain the following\nstatement subscribed by the bidder and affirmed by such bidder as true\nunder the penalty of perjury:\n "By submission of this bid, each bidder and each person signing on\nbehalf of any bidder certifies, and in the case of a joint bid each\nparty thereto certifies as to its own organization, under penalty of\nperjury, that the bidder has and has implemented a written policy\naddressing gender-based violence and the workplace and has provided such\npolicy to all of its employees, directors and board members. Such policy\nshall, at a minimum, meet the requirements of subdivision 11 of section\nfive hundred seventy-five of the executive law."\n (b) Every bid hereafter made to the state or any public department or\nagency thereof, where competitive bidding is not required by statute,\nrule or regulation, for work or services performed or to be performed or\ngoods sold or to be sold, may contain, at the discretion of the\ndepartment, agency or official, the certification required pursuant to\nparagraph (a) of this subdivision.\n 2. Notwithstanding the foregoing, the statement required by paragraph\n(a) of subdivision one of this section may be submitted electronically\nin accordance with the provisions of subdivision seven of section one\nhundred sixty-three of this chapter.\n 3. A bid shall not be considered for award, nor shall any award be\nmade to a bidder who has not complied with subdivision one of this\nsection; provided, however, that if the bidder cannot make the foregoing\ncertification, such bidder shall so state and shall furnish with the bid\na signed statement which sets forth in detail the reasons therefor.\n 4. Any bid hereafter made to the state or any public department,\nagency or official thereof, by a corporate bidder for work or services\nperformed or to be performed or goods sold or to be sold, where such bid\ncontains the statement required by subdivision one of this section,\nshall be deemed to have been authorized by the board of directors of\nsuch bidder, and such authorization shall be deemed to include the\nsigning and submission of such bid and the inclusion therein of such\nstatement as the act and deed of the corporation.\n