PROCUREMENT LOBBYING LAW
FREQUENTLY ASKED QUESTIONS (FAQs)
Replaces previously released version in its entirety
11.1. How do the provisions of the State Finance Law work with the ethics provisions of the Public Officers Law? (Last Updated: 6/14/2010)
The provisions of the State Finance Law are in addition to those obligations already provided in the Public Officers Law as it relates to Governmental Procurements. Specifically, under the State Finance Law provisions, all members, officers or employees of a Governmental Entity have the ethical obligation to immediately notify the ethics officer, inspector general, or other official of the procuring Governmental Entity regarding instances of violations by an Offerer. In other words, this ethical obligation arises when a member, officer or employee of the Governmental Entity becomes aware that an Offerer has Contacted someone at the Governmental Entity other than the designated contact person or a permissible contact or has attempted to improperly influence a public officer or employee by unethical means prohibited by the Public Officers Law, such as a gift intended to influence or reward official action. See State Finance Law §139-j (2) (b) and (8). By definition, a Contact is a communication with a Governmental Entity under circumstances where a reasonable person would infer that the communication was intended to influence the Governmental Entity’s conduct or decision regarding the Governmental Procurement.