PROCUREMENT LOBBYING LAW
FREQUENTLY ASKED QUESTIONS (FAQs)
Replaces previously released version in its entirety
4.9. Are there permissible Contacts during the Restricted Period? (Last Updated: 7/19/2023)
A: Yes. In general, Contacts must be made to the designated person or persons for the Governmental Procurement, but the following constitute exceptions to this requirement:
- Submission of a written bid, proposal or response to a solicitation intending to result in a Procurement Contract;
- Submission of written questions by a method set forth in the solicitation when all written questions and responses are to be provided to all Offerers who have expressed an interest in the solicitation;
- Participation in a conference, demonstration or other means for exchange of information in a setting open to all potential bidders provided for in the solicitation;
- Complaints by an Offerer to office of general counsel of the procuring Governmental Entity where the designated person for the procurement contract of the Governmental Entity fails to respond in a timely matter, provided that such written complaints become part of the procurement record;
- Negotiations with the Governmental Entity after a tentative award;
- Debriefings about a procurement contract award;
- Protests, appeals or other review proceedings to the Governmental Entity conducting the Governmental Procurement seeking a final administrative determination or in a subsequent judicial proceeding;
- Complaints of alleged improper conduct in a Governmental Procurement to the attorney general, inspector general, district attorney or court of competent jurisdiction;
- Protests, appeals or complaints to the Office of the State Comptroller during the process of contract approval provided that the Office of the State Comptroller makes a record of such communications and any responses thereto to keep in the procurement record;
- Complaints of alleged improper conduct in a Governmental Procurement conducted by a municipal agency or local legislative body to the state comptroller;
- Communications between Offerers and Governmental Entities that solely address a responsibility determination of the Offerer being made by the Governmental Entity;
- Communications relating to a Governmental Procurement made by certain preferred source providers except for communications which attempt to influence the issuance or terms of the specifications that serve as the basis for bid documents, requests for proposals, invitations for bids, or solicitations of proposals, or any other method for soliciting a response from Offerers intending to result in a procurement contract with a Governmental Entity,
- Communications from Governmental Entities exercising an oversight role in a Governmental Procurement with Offerers regarding the status of the review, oversight or approval of that Governmental Procurement.
- Complaints by minority-owned business enterprises or women-owned business enterprises, certified as such by the division of minority and women's business development, to the minority and women-owned business enterprise statewide advocate concerning the procuring Governmental Entity's failure to comply with the requirements of section three hundred fifteen of the executive law; and
- Communications between the minority and women-owned business enterprise statewide advocate and the procuring Governmental Entity in furtherance of an investigation of the minority and women-owned business enterprise statewide advocate pursuant to section three hundred twelve-a of the executive law.
Impermissible Contact with a Governmental Entity occurs when the Offerer contacts a person in a Governmental Entity who is not the designated contact for the Governmental Procurement in an attempt to influence that Governmental Procurement. For example, an Offerer Contacts a person, other than the designated contact, in the Governmental Entity and engages in communication which a reasonable person would infer was intended to influence the Governmental Procurement. This Contact with the Governmental Entity is not permitted under the Law and is required to be recorded by the person contacted, reported and made a part of the procurement record.
See State Finance Law § 139-j(3) and State Finance Law § 139-k(4).