PROCUREMENT GUIDELINES

term of the agreement. The responsibility determination is based upon many factors, including, but not limited to, the bidder’s: • Financial and organizational capacity; • Legal authority to do business in this state; • Integrity of the owners/officers/principals/members and contract managers; and • Past performance of the bidder on prior government contracts. Whether a bidder is "responsible" is a question of fact to be determined on a case-by- case basis after a comprehensive weighing of all factors. An unfavorable rating in one or more areas of evaluation does not need to result in a non-responsibility determination; however, it does require the agency to make a determination that it has reasonable assurance that the proposed contractor is indeed responsible or non-responsible, as applicable. Before finding a bidder non-responsible, a state agency must ensure that the bidder was afforded due process rights and provided with the opportunity to explain its position in writing and, in some instances, in person, at a responsibility meeting. If responsibility issues cannot be resolved or explained to the satisfaction of the agency, the agency may issue a finding of non- responsibility to the bidder. This finding must be provided in writing. For more information, see New York State Procurement Council Bulletin “Best Practices, Determining Vendor Responsibility” at: www.ogs.state.ny.us/procurecounc/pdfdoc/BestPractice.pdf Additional information and links to more resources for verifying a vendor’s responsibility are also located at: www.osc.state.ny.us/vendrep/webresources.htm I. Workers’ Compensation Insurance and Disability Benefits Requirements As indicated in Section C above, Workers’ Compensation Law (WCL) §57 & §220 requires that the heads of all municipal and state entities ensure that a business applying for permits, licenses, or contracts provides evidence of appropriate workers’ compensation and disability benefits insurance coverage. These requirements apply to both original contracts and renewals, and apply whether the governmental agency is having the work performed or is simply the entity issuing the permit, license, or contract. In the context of state procurements, the solicitation must make it clear that the bidder/vendor will be required to provide proof of such coverage (or of having received a legal exemption) prior to being awarded a contract or receiving a contract renewal. Failure to do so will result in their bid being rejected or, in the case of contract renewals, their contract being allowed to expire. For more information, refer to the Workers' Compensation website at: Review of these four elements is commonly known as the “FLIP” review.

www.wcb.state.ny.us

New York State Procurement Guidelines 17