PROCUREMENT LOBBYING LAW
FREQUENTLY ASKED QUESTIONS (FAQs)
Replaces previously released version in its entirety
4.14. Are the obligations of State Finance Law activated by: (Last Updated: 7/19/2023)
A. Receipt of advertising material?
A: In general, the receipt of advertising material will not trigger the obligations under the State Finance Law because it does not appear that a reasonable person would infer that this communication is intended to influence the Governmental Procurement.
B. Intra-agency communications?
A: No, the State Finance Law is not activated by intra-agency communications. These provisions govern Contacts by Offerers, which is defined to mean both the individual or entity seeking the procurement contract and any employee, agent, consultant or individual or entity “acting on behalf” of the individual or entity seeking the Procurement Contract, whether or not they have a financial interest in the outcome of the procurement.
See State Finance Law § 139-j(1)(h) and § 139-k(1)(h).
C. A response by a contractor to a RFI issued by a Governmental Entity?
A: No, if the RFI is used by the Governmental Entity as a tool to collect information about possible options and solutions available in the marketplace, and will not itself directly result in a Governmental Procurement. A RFI is not a triggering activity under the Law and thus it is permissible for an Offerer to communicate with a Governmental Entity in this manner without triggering the obligations under the Law. When an RFI is used as a tool to collect information about options and solutions available in the marketplace, it ordinarily does not constitute a “determination of need” by a Governmental Entity; rather, the RFI reflects an effort to gather information that may be relevant to a future determination of need by the Governmental Entity.