Replaces previously released version in its entirety

3.5. How does §§ 139-j and 139-k of the State Finance Law apply to cooperative agreements involving agencies of other states where one Governmental Entity is subject to the requirements thereunder and the lead agency (agency awarding the contract) is not?  Is the Governmental Entity that is subject to the law still required to meet the obligations under the State Finance Law when seeking an Article of Procurement under that cooperative agreement? (Last Updated: 3/16/2006)

A:  There are different requirements and exemptions provided under the Legislative Law and State Finance Law.  As you noted, the Legislative Law provides a limited exemption from the requirements to register as a lobbyist for preferred sources.  There is no similar exemption provided under the requirements of the State Finance Law.  The exemptions in the State Finance Law are set forth in section 139-j(1)(g) within the definition of "procurement contract".  Accordingly, transactions with preferred sources are governed by State Finance Law §§139-j and 139-k.

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