Replaces previously released version in its entirety


3.3. What is meant by the term “Offerer”? (Last Updated: 6/14/2010)

A: “Offerer” is a term defined in State Finance Law. It refers to the individual or entity, or any employee, agent or consultant or person acting on behalf of such individual or entity, that contacts a Governmental Entity about a Governmental Procurement during the Restricted Period of such Governmental Procurement, whether or not they have a financial interest in the outcome of the Governmental Procurement. The Law, however, provides that a governmental agency or its employees that communicate with the procuring Governmental Entity regarding a Governmental Procurement in the exercise of its oversight duties shall not be considered an Offerer.

See State Finance Law §§139-j (1) (h) and 139-k (1) (h).

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