This bulletin is to remind State agency managers of their responsibility for determining whether a vendor is a State employee.

Public Officer's Law, section 73 (4)(a)(i) states that no State employee shall sell any goods or services having a value in excess of twenty-five dollars to any state agency unless such goods and services are provided pursuant to an award or contract let after public notice (Contract Reporter) and competitive bidding. The State Ethic's Commission has interpreted competitive bids to mean sealed bids. This section of the Law was put in place to ensure a fair, open and competitive process and avoid the appearance of a conflict of interest or favoritism being given to agency employees or State employees in general.

Our audits have identified numerous State agencies that have done business with State employees, some of whom are employees of their own agency. Some of the purchases were made without public notice and competitive bidding as required by the Public Officer's Law.

Agency managers should implement controls to ensure compliance with Section 73 of the Public Officers Law.

Agency managers should ensure that all employees are familiar with the provisions of the Public Officer's Law, especially section 73 (4)(a)(i).

Our office will continue to monitor State employees who are doing business with the State to ensure compliance with the Public Officer's Law.