Contract Advisory No. 26

Contract Advisory
Office of Operations
Bureau of Contracts
Advisory Name
Statement on Sexual Harassment Prevention in Bids
Date Issued
12/13/2018
Date Last Updated
10/08/2021

Subject:

Statement on Sexual Harassment Prevention in Bids

Guidance:

Statement on Sexual Harassment Prevention in Bids: 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 reasons why the certification cannot be made.

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 as part of the procurement record when submitting transactions to OSC for approval.

References:

Guide to Financial Operations

  • XI.18.I Sexual Harassment Prevention Certification