PROCUREMENT LOBBYING LAW
FREQUENTLY ASKED QUESTIONS (FAQs)
Replaces previously released version in its entirety
8.1. When does the Restricted Period begin? (Last Updated: 7/15/2019)
State Finance Law §139-j(1)(f) defines the Restricted Period as beginning with the earliest posting, on a governmental entity’s website, in a newspaper of general circulation, or in the procurement opportunities newsletter in accordance with article four-C of the economic development law of written notice, advertisement or solicitation of a request for proposal, invitation for bids or solicitation of proposals, or any other method provided for by law or regulation for solicitating a response from Offerers intending to result in a Procurement Contract and ending with the final contract award and approval by the Governmental Entity and, where applicable, the Office of the State Comptroller.
The potential exists for a Governmental Entity to initiate a Governmental Procurement before the Restricted Period begins pursuant to the State Finance Law if the Governmental Entity (1) has made a determination of need for a procurement, and (2) communicates such determination in a public manner, such as a public announcement, notice or communication, to potential vendors. (See FAQ 3.7)
Some of the restrictions contained in the State Finance Law are applicable once a Governmental Procurement is undertaken. For example, Governmental Entities must comply with the requirements of State Finance Law §139-j(2)(b), which provides that any determinations on any governmental procurement shall be made in a manner consistent with the principles set forth in State Finance Law § 163(2) and free from any conduct that would be prohibited by Public Officers’ Law §§ 73(5) and 74 or an equivalent ethics code provisions for public officials involved in governmental procurement who are not otherwise subject to the Public Officers’ Law. In addition, as a best practice, the Governmental Entity may post notice of commencement of a Restricted Period on its website once it has initiated a Governmental Procurement.
See State Finance Law §§139-j (1) (f), 139-j(2)(b) and 139-k (1)(f).