PROCUREMENT LOBBYING LAW
FREQUENTLY ASKED QUESTIONS (FAQs)
Replaces previously released version in its entirety
4.12. If a contract is supplemented, does this require providing vendors with notice of the Restricted Period? In addition, when does the Restricted Period start and end for these supplements? (Last Updated: 6/14/2010)
A: A Governmental Procurement is defined in State Finance Law §§139-j(1)(e) and 139-k(1)(e) as, in pertinent part, " ….(v) approval or denial of an assignment, amendment (other than amendments that are authorized and payable under the terms of the procurement contract as it was finally awarded or approved by the comptroller, as applicable)." This definition expressly exempts certain kinds of transactions. If the exemption applies, the transaction in question does not trigger the requirements of State Finance Law §§139-j and 139-k. Therefore, amendments that are authorized and payable under the terms of the Procurement Contract as it was finally awarded or approved by the comptroller are not subject to the Restricted Period.
Supplements to a contract incorporating other amendments, renewals, extensions, change orders (see FAQ 4.28) or any other material change in the Procurement Contract resulting in a financial benefit to the Offerer would be subject to the Restricted Period. A supplement to a Procurement Contract that was not contemplated in the original Procurement Contract would not fall within the exemption and would be subject to a Restricted Period, if it meets the definition of a Procurement Contract contained in State Finance Law §§ 139-j (1)(g) and 139-k (1)(g). In such instances, the Restricted Period would begin with the earliest written notice by the Governmental Entity to the Offerer that an amendment, renewal or extension is being requested and end upon final approval of the supplement by the Governmental Entity and, where applicable, the state comptroller.