Replaces previously released version in its entirety

8.14. . Does the provision of factual information by an Offerer to a Governmental Entity during the Restricted Period need to be recorded? (Last Updated: 6/14/2010)

A:  State Finance Law §139-k(4) requires a Governmental Entity to record Contacts received in the Restricted Period and include those records in the Procurement Record for the Procurement Contract. Therefore, a Governmental Entity would need to record any oral, written or electronic communications received during the Restricted Period that a reasonable person would infer were intended to influence the Governmental Entity’s conduct or decision regarding the Governmental Procurement. Factual exchanges of information would not need to be recorded unless a reasonable person would infer that the factual exchange of information was intended to influence the Governmental Entity’s conduct or decision regarding the procurement process. For example, the following questions may be considered factual exchanges of information:

-  When is the response to the Request for Proposal (RFP) due?
-  Who is the Designated Contact(s)?
-  Can you send the pages I am missing from the RFP?
-  Where do I submit my response to the bid?
-  Am I required to attend a pre-bidder's conference?
-  Where can I get more information about the bid?
-  How long will it take for the award to be finalized?
-  Does this bid allow the use of subcontractors?

This list is not exhaustive and a Governmental Entity should consider each situation on a case-by-case basis in order to determine whether a particular exchange of factual information constitutes a Contact.

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