Advisory Council on Procurement Lobbying

Advisory Council on Procurement Lobbying
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Overview and Statutes

In August 2005, major changes to the Legislative Law and the State Finance Law were enacted, which regulate lobbying on procurement contracts. The significant amendments included the creation of the Advisory Council on Procurement Lobbying, which issues guidelines to assist state and local governments in complying with the law and to examine the effect of the law. 

The procurement lobbying restrictions became effective on January 1, 2006, and can be found in Sections 139-j and 139-k of the New York State Finance Law. Modifications to the Law were enacted in 2005, 2006, 2007, 2009, and 2010. Applicable statutes include:

 

Additional information on the procurement lobbying requirements are on the NYS Joint Commission on Public Ethics' website

Special Notices

October 2016: Chapters 57 and 156 of the Laws of 2016 revised the definition of the term Restricted Period in State Finance Law § 139-j and § 139-k. The new definition is: "Restricted period" shall mean the period of time commencing with the earliest posting, on a governmental entity's website, in a newspaper of general circulation, or in the procurement opportunities newsletter in accordance with Article 4-C of the New York State Economic Development Law of written notice, advertisement or solicitation of a request for proposal, invitation for bids or solicitation of proposals, or any other method provided for by law or regulation for soliciting a response from offerers intending to result in a procurement contract with a governmental entity and ending with the final contract award and approval by the governmental entity and, where applicable, the State Comptroller. This change will amend FAQs 4.8, 4.15 and 8.1 by including this new definition in place of references to the first written notice. Any questions regarding this change can be directed to OGS Legal Services at 518-474-5607.

April 2015: New York State's 2015-2016 enacted budget amends the NYS Lobbying Act's definition of the term municipality to include all governmental subdivisions with a population greater than 5,000. This change will amend FAQ 3.2, which can be found at ACPL FAQ 3.2, by changing the language "population of more than fifty thousand" to "population of more than five thousand." Any questions regarding this change can be directed to OGS Legal Services at 518-474-5607.

Model Forms and Language

  •  

    Procurement Lobbying Model Form 9

    Model Form for Use by a Non-procuring Governmental Entity to Refer a Contact for Review and Investigation by the Procuring Governmental Entity under State Finance Law §139-j(9), Last updated 06/11/2018

     

    Download

List of Offerers Determined to be Non-Responsible Bidders

Maintained by the Office of General Services Under State Finance Law §139-j(10)(b)

State Finance Law §139-j(10) obligates a Governmental Entity to notify the Office of General Services (OGS) when it makes a determination of non-responsibility due to a violation of State Finance Law §139-j (a knowing and willful violation of the permissible Contacts requirements). OGS is required to maintain a publicly available list and publish such list on its website. If additional information is needed regarding a listing, please contact the Governmental Entity that made such determination. 

  • List of Non-Responsible Bidders: No Offerers have been reported as non-responsible in accordance with the section. 

 

Please immediately notify the Deputy Commissioner and Counsel for the Office of Legal Services at the New York State Office of General Services if you have found a bidder to be non-responsible pursuant to this section of the law. 

 

List of Debarred Offerers

Maintained by the Office of General Services under State Finance Law §139-j(10)(b)

State Finance Law §139-j(10) obligates a Governmental Entity to notify the Office of General Services (OGS) when it makes a determination of non-responsibility due to a violation of State Finance Law §139-j (a knowing and willful violation of the permissible Contacts requirements). Any subsequent determination of non-responsibility within a four year period shall result in an Offerer being rendered ineligible to submit a proposal on or be awarded any procurement contract for a period of four years from the date of the second final determination. OGS is required to maintain a publicly available list and publish such list on its website. If additional information is needed regarding a listing, please contact the Governmental Entity that made such determination. 

  • List of Debarred Offerers: No Offerers have been reported as debarred in accordance with this section. 

 

Please immediately notify the Deputy Commissioner and Counsel for the Office of Legal Services at the New York State Office of General Services if you have found a bidder to be non-responsible pursuant to this section of the law. 

 

Contact Legal Services

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518-473-4973