Debarred and Non-Responsible Entities

Debarred and Non-Responsible Entities
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Overview

It is imperative that the State conduct business only with responsible entities to ensure that taxpayer dollars are not paid to entities or individuals that lack integrity, are incapable of providing satisfactory performance, or fail to comply with existing laws.

To ensure uniform practices for determining the responsibility of potential vendors prior to contract award, and the continuing responsibility of vendors during the course of a contract, Governor Andrew M. Cuomo issued Executive Order 192 (“EO 192”) on January 15, 2019.  EO 192 requires State agencies and authorities to determine if the contract awardee has been debarred from award of a future State contract or been found non-responsible by a State agency or authority.  EO 192 is available at the following link:

 

Executive Order 192: Imposing Continuing Vendor Integrity Requirements in State Contracts

 

Guidance for the Implementation of EO 192 is available here:

 

Executive Order 192 Implementation Guidance

 

In addition, by Memorandum dated April 3, 2013 (the “2013 Memorandum”), the Secretary to the Governor directed State agencies and authorities to include provisions in State contracts requiring that contractors remain responsible throughout the term of their contracts.  These contract provisions give State agencies and authorities (i) the right to suspend work under the contract if information is discovered that calls into question the responsibility of the contractor and (ii) the right to terminate the contract if the agency or authority decides that the contractor is not responsible.  The 2013 Memorandum is available here:

 

2013 Memorandum on Responsibility Provisions in state contracts

Debarred Entities

In accordance with EO 192, the Office of General Services (“OGS”) is required to post a list of debarred entities.  The New York State Department of Labor maintains a database of individuals and entities that are prohibited from bidding on or being awarded a State contract based upon violations of Articles 8 or 9 of the Labor Law or violations of the Workers’ Compensation Law.  That database can be found at the following link:

 

Database of debarred entities

 

Although there are other State laws authorizing the debarment of individuals and entities from State contracting, OGS has not been made aware that any individuals or entities have been debarred pursuant to those laws.  If a State agency or authority advises OGS that it has debarred an individual or entity pursuant to such laws, OGS will post that information on this page.

State agencies and authorities should also bear in mind that pursuant to Labor Law § 220-(3)(b)(3), any bidder that has been debarred by the federal government may not be awarded a public work contract unless the State agency or authority determines, after public notice and comment, that there is a compelling reason to allow the bidder to be awarded the relevant public work contract.  To determine if a bidder has been federally debarred, agencies and authorities should search the federal System for Award Management at the following link:

 

Federal System for award management

 

Non-Responsible Entities

In accordance with EO 192 and the 2013 Memorandum, OGS is required to post a list of non-responsible entities.

 

Contractor Name & Address FEIN # Agency/Authority Name Agency/Authority Contact Email & Phone Number Date of Non-Responsibility Determination

The Altamont Program, Inc.

428 Duane Avenue

Schenectady, NY 12304

14-1708881 DOCCS

David Gambacorta

[email protected]

518-436-7886

September 23, 2019

Kubricky Construction Corporation

269 Ballard Road

Wilton, NY 12831

14-1491816 DOT

Matt Bromirski

[email protected]

518-485-0822

December 14, 2018

Spensieri Diversified, LLC

15 Dwight Park Dr.

Syracuse, NY 13209-1029

26-4073098 OGS

Pierre Alric

[email protected]

518-473-2899

October 10, 2018

HAKS Engineers Architects and Land Surveyors, PC

(10/01/18 renamed ATANE Engineers, Architects and Land Surveyors D.P.C.)

40 Wall Street, 11th Floor

New York, NY 10005

13-3779703 DOT

Matt Bromirski

[email protected]

518-485-0822

October 5, 2018

Dalmar Contracting Corp.

18 Yorkshire Rd.

Rockville Centre, NY 11570

11-3470379 OGS

Pierre Alric

[email protected]

518-473-2899

September 7, 2018

Apex Bridge Service, LLC

1165 Hopemount Drive

Virginia Beach, VA 23454

27-1473337 DOT

Matt Bromirski

[email protected]

518-485-0822

April 19, 2018

Murnane Building Contractors, Inc.

104 Sharron Ave.

P.O. Box 3048

Plattsburgh, NY 12901-0298

14-1684256 OGS

Pierre Alric

[email protected]

518-473-2899

November 13, 2017

Kore Contracting Corp.

100 Brighton 11th Street

Brooklyn, NY 11235-5327

56-2469955 OGS

Pierre Alric

[email protected]

518-473-2899

October 8, 2015

Expedite Construction & Management Services, Inc.

345 W. 86th Street, #303

New York, NY 10024-3113

20-3270654 OGS

Pierre Alric

[email protected]

518-473-2899

September 29, 2015

Sam Waterproofing, Inc.

16842 88th Ave., Apt. 1A

Jamaica, NY 11432-4407

20-2600349 OGS

Pierre Alric

[email protected]

518-473-2899

August 10, 2015

Jim Quinn and Associates

12 Morningside Drive

Schenectady, NY 12303

364732939 OGS

Todd Gardner

[email protected]

518-474-3540

April 27, 2015

Kenstar Construction Corp.

100 Keyland Ct.

Bohemia, NY 11716-2656

11-3330435 OGS

Pierre Alric

[email protected]

518-473-2899

December 12, 2014

 

If a bidder is on the list of non-responsible entities, State agencies and authorities are precluded by EO 192 from awarding the contract to the bidder unless the agency or authority obtains a waiver from the Counsel to the Governor.  Requests for a waiver should be submitted using the following form:

 

Waiver Request form

 

Please note that there is no waiver process for bidders that are debarred.  

Reporting Debarments and Non-Responsibility Determinations

In accordance with EO 192, if a State agency or authority debars a bidder or makes a determination that a bidder is not responsible, the agency or authority must report that determination to OGS within five days using the Submission of Debarment/Non-Responsibility Entities spreadsheet and emailing it to:  [email protected]

 

debarment/non-responsibility reporting spreadsheet

 

Debarred entities shall remain on the list of Debarred Entities until the debarment period ends in accordance with the relevant law, unless a court of competent jurisdiction determines that the debarment determination was in error.  Non-responsible entities shall remain on the list of Non-Responsible Entities for five years, unless a court of competent jurisdiction determines that the non-responsibility determination was in error.

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