Replaces previously released version in its entirety


4.33. Must there be financial interest present for there to be an attempt to influence the procurement process? (Last Updated: 9/16/2010)

No. Simply contacting the Governmental Entity in a manner that a reasonable person would infer constitutes an attempt to influence the procurement during the Restricted Period triggers the law. The definition of Offerer specifically states that it is irrelevant whether or not the individual or entity has a financial interest in the outcome of the Governmental Procurement in determining if the requirements of the law apply. Once the Governmental Entity provides written documentation evidencing its decision or determination to proceed with a Governmental Procurement, the law is activated and a record is required to be made of the identity of each person or organization that attempts to influence the procurement process regardless of whether such person or organization has a financial interest in the Governmental Procurement.

See State Finance Law §§139-j (1) (h), 139-k (4) and 139-k (1)(h).


Table of Contents