Replaces previously released version in its entirety


8.7. Oftentimes a solicitation provides that a Governmental Entity will conduct a pre-award interview with the top potential choices responding to a solicitation. How should we reconcile this process with the State Finance Law provisions? (Last Updated: 6/14/2010)

Conducting a pre-award conference as required by the Governmental Entity’s bid solicitation would fit under the exception provided for in State Finance Law §139-j(3)(a)(3) which allows participation in a conference provided for in a Governmental Entity's solicitation which is intended to result in a Procurement Contract. The exception also allows for participation in a demonstration or other means for exchange of information in a setting open to all potential bidders, however, this exception does not apply to interviews. Accordingly, the requirements of §§ 139-j and 139-k, including naming all staff involved in the interviews as designated contacts and documenting contacts for the Procurement Record, must be adhered to when a Governmental Entity is engaging in interviews.

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