Replaces previously released version in its entirety


14.14. Legislative Law §1-t(e)(1) raises the issue of an Offerer and certain others providing technical services to explain, clarify or demonstrate the qualities, characteristics or advantages of a particular article of procurement under specific circumstances. How does this language reconcile with the requirements of State Finance Law §§ 139-j and 139-k, which only recognizes “communications” and “Contacts” (defined as attempts to influence)? (Last Updated: 6/14/2010)

The State Finance Law provisions do not differentiate between types of information provided, but instead focus their analysis on whether under the circumstances a reasonable person would infer the communication was intended to influence the Governmental Entity’s conduct or decision regarding the Governmental Procurement [see State Finance Law §139-j(1)(c)]. The process provided in Legislative Law §1-t(e)(1) authorizes the communication of factual information about an article of procurement in accordance with the terms of the procuring Governmental Entity’s solicitation or guidelines and procedures. Guidance has been previously provided that this type of information exchange is permitted under the permissible subject matter communications listed under State Finance Law §139-j(3)(a)(3) [see FAQ 8.8]. To the extent that such an exchange is determined by a reasonable person to constitute a Contact (attempt to influence), a record of Contact shall be prepared and filed in the Procurement Record.


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