2023 New York Laws › STF - State Finance › Article 9 - Contracts › 139-B - Disqualification to Contract With State.

§  139-b.  Disqualification to contract with state. 1. Any person who,
  when called before a grand jury, head of a state  department,  temporary
  state  commission  or  other  state  agency, or the organized crime task
  force in the department  of  law,  which  is  empowered  to  compel  the
  attendance  of  witnesses  and examine them under oath, to testify in an
  investigation, concerning any  transaction  or  contract  had  with  the
  state,  any  political subdivision thereof, a public authority or with a
  public department, agency or official of the state or of  any  political
  subdivision  thereof  or of a public authority, refuses to sign a waiver
  of immunity against subsequent criminal prosecution  or  to  answer  any
  relevant question concerning such transaction or contract, and any firm,
  partnership  or  corporation  of  which  any  such  person  is a member,
  partner, director or  officer  shall  be  disqualified  from  thereafter
  selling  to  or  submitting bids to or receiving awards from or entering
  into any contracts with the state or any public  department,  agency  or
  official  thereof,  for  goods,  work  or services, for a period of five
  years after such refusal or until a disqualification  shall  be  removed
  pursuant  to the provisions of section one hundred thirty-nine-c of this
  article.
It shall be the duty  of  the  officer  conducting  the  investigation
  before  the grand jury, the head of a state department, the chair of the
  temporary state commission or other state agency, or the organized crime
  task force in the department of law before which the refusal  occurs  to
  send  notice  of  such  refusal,  together  with  the names of any firm,
  partnership or corporation of which the person so refusing is  known  to
  be  a member, partner, officer or director, to the state commissioner of
  transportation, except in the event the investigation concerns a  public
  building  transaction or contract said notice shall be sent to the state
  commissioner of  general  services,  and  the  appropriate  departments,
  agencies  and  officials of the state, political subdivisions thereof or
  public authorities with whom  the  person  so  refusing  and  any  firm,
  partnership or corporation of which he is a member, partner, director or
  officer,  is known to have a contract. However, when such refusal occurs
  before a body other than a grand jury, notice of refusal  shall  not  be
  sent  for  a  period of ten days after such refusal occurs. Prior to the
  expiration of this ten day period,  any  person,  firm,  partnership  or
  corporation  which  has become liable to the cancellation or termination
  of a contract or disqualification to contract on account of such refusal
  may commence a special proceeding at  a  special  term  of  the  supreme
  court,  held within the judicial district in which the refusal occurred,
  for an order determining whether the questions in response to which  the
  refusal  occurred  were  relevant  and material to the inquiry. Upon the
  commencement of such proceeding, the sending of such notice  of  refusal
  to answer shall be subject to order of the court in which the proceeding
  was brought in a manner and on such terms as the court may deem just. If
  a  proceeding  is  not  brought within ten days, notice of refusal shall
  thereupon be sent as provided herein.
2. Any person who stands convicted of a felony defined in article  two
  hundred  or  four hundred ninety-six or section 195.20 of the penal law,
  and any firm, partnership or corporation that stands convicted  of  such
  crime  shall  be  disqualified  from thereafter selling to or submitting
  bids to or receiving awards from or entering into any contracts with the
  state or any public department, agency or official thereof,  for  goods,
  work  or  services.  In  the  event  a  person  or  firm, partnership or
  corporation is so convicted, the office responsible for prosecuting such
  offense shall send notice of such conviction to the  state  commissioner
  of general services, and to the office of the state comptroller and such
  appropriate  departments, agencies and officials of the state, political

  subdivisions thereof or public authorities with whom the person  or  the
  firm, partnership or corporation is known to have a contract.