PROCUREMENT LOBBYING LAW
FREQUENTLY ASKED QUESTIONS (FAQs)

  Replaces previously released version in its entirety

 
4.8. What contacts does the new law allow between Offerers and public officials and court officials during the preparation of specifications, bid documents, Requests for Proposals (RFPs), Invitations for Bids (IFBs), or other solicitations, prior to the Restricted Period defined in the statute? (Last Updated: 2/16/2006)
     

A:  The new State Finance Law states that contacts between the Governmental Entity (public officials and court officials included) and an Offerer are restricted at the point in time when the Governmental Entity issues its first written document soliciting a response from Offerers which is intended to result in a Procurement Contract.  See State Finance Law §139-j(1) (f).  As such, the new law does not restrict contacts between Offerers and the Governmental Entity prior to the Restricted Period of a Governmental Procurement.  Therefore, communications between Offerers and the Governmental Entity during the preparation of specifications, bid documents, RFPs, IFBs, are not governed by State Finance Law §§ 139-j and 139-k.  Communications at this stage, however, are governed by the provisions set forth at State Finance Law §§ 163 and 163-a and other applicable law, including registration and reporting requirements of the Lobbying Act.

      It is also important to note here that the new law specifically allows Offerers and a Governmental Entity to communicate prior to the Restricted Period in the form of a Request for Information (RFI) by the Governmental Entity and the response thereto by the Offerer.  RFIs are generally used as a means to collect information upon which to base a decision by a Governmental Entity to proceed with a Governmental Procurement; they are not a tool employed to award a Procurement Contract.




  Close Window