PROCUREMENT LOBBYING LAW
FREQUENTLY ASKED QUESTIONS (FAQs)

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7.10. After the low bidder is determined, but prior to the conclusion of the Restricted Period, who can the Offerer Contact regarding proposed terms and conditions, such as insurance provisions? (Last Updated: 11/9/2006)
     

A:  The State Finance Law provisions recognize two types of “Permissible Contacts.”   The first is commonly referred to as a “Designated Contact” and the second is commonly referred to as a “Permissible Subject Matter Communication”.   See FAQ 4.9 for the listing of permissible subject matter communication established by State Finance Law §139-j(3)(a)(1-7).  All other Contacts are commonly referred to as “Impermissible Contacts.”  A “Designated Contact” is a specific person(s) that has been identified to receive Contacts from an Offerer regarding a procurement.  An Offerer can Contact the Designated Contact during the Restricted Period with any type of communication; and is expressly instructed to direct “attempts to influence” to the Designated Contact.  In addition, if there has been a tentative award of contract, an Offerer may make a Permissible Subject Matter Communication with other employees of the procuring Governmental Entity pursuant to  State Finance Law §139-j(3)(a)(5).  That clause authorizes an Offerer who has been tentatively awarded a contract to Contact additional agency personnel to negotiate terms of the Procurement Contract.  It is important to note that the Permissible Contacts included in the statutory exceptions as Permissible Subject Matter Communications are limited to the specific subject matter contained in the statute.  Contacts (attempts to influence) that fall outside of that specific subject matter are deemed to be Impermissible Contacts.  As a matter of practice, a Governmental Entity often identifies individuals authorized to negotiate contracts on its behalf and an Offerer should direct its communications and contacts in accordance with the direction provided by the procuring Governmental Entity.




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