Replaces previously released version in its entirety


8.6. During a Restricted Period, State Finance Law §139-j(3) requires that an Offerer only communicate with the person or persons designated by the procuring Governmental Entity. It continues by stating that "the following Contacts are exempted from the provisions of this paragraph". What does this exemption mean? (Last Updated: 6/14/2010)

Under State Finance Law section 139-j(3)and (4), during the Restricted Period an Offerer is generally only permitted to Contact the procuring Governmental Entity's Designated Contact(s). Section 139-j(3)(a)(1-9) permits an Offerer to contact additional state employees under certain specified circumstances. These circumstances are generally reflective of typical steps in a Governmental Procurement (such as the submission of a proposal or the negotiation of a contract after a tentative award) or of recognized roles provided by other Governmental Entities during the Governmental Procurement (such as the filing of a judicial action challenging a procurement decision). Thus, an Offerer may Contact someone other than the Designated Contact(s) if the communications falls within one of the nine specified topic areas and only if the communications falls within the specified topic area.   Please click here to see the listing of nine specified topic areas.


Table of Contents