PROCUREMENT LOBBYING LAW
FREQUENTLY ASKED QUESTIONS (FAQs)
Replaces previously released version in its entirety
7.9. Can you provide clarification regarding the obligation of the Governmental Entity to complete a record of Contact under the following circumstances? (Last Updated: 7/19/2023)
Is a record of Contact form required from everyone on an evaluation committee who reviews a written proposal as a result of an RFP?
Do discussions among agency personnel who review and rate proposals require record of Contact forms? Do record of Contact forms have to be prepared each time these discussions occur?
Is a record of Contact form required when agency personnel contact vendors in the competitive range to set up oral presentations?
Does each negotiating session with an intended awardee under an RFP require completion of a record of Contact form?
State Finance Law §§ 139-j and 139-k obligate a Governmental Entity to create a record of Contact for every Contact, but not for every communication. It is intended to make a record of those attempts to influence the Governmental Entity’s conduct or decision regarding a Governmental Procurement that occur between an Offerer and a Governmental Entity. There is no obligation to create a record of Contact when agency personnel review and rate proposals or when agency personnel communicate among themselves about a proposal. Similarly, there is no obligation to create a record when it is a factual exchange of information, such as determining the availability of a vendor to attend a meeting and identification of who will attend the meeting.
A Governmental Entity is obligated to create a record of Contact when the vendor’s communication constitutes an “attempt to influence” the Governmental Entity’s conduct or decision regarding a Government Procurement. Since a negotiation with a vendor is typically an “attempt to influence” then a record of Contact should be completed by each of the agency personnel and filed in the procurement record. A record would be created for each negotiation session that constitutes a Contact.