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FORM A                   

Summary: Policy and Procedure of the State University of New York

Relating to State Finance Law §§139-j and 139-k

 

 

State Finance Law §§139-j and 139-k, enacted by Ch. 1 L. 2005, as amended by Ch. 596 L. 2005, effective January 1, 2006, regulate lobbying on government procurement, including procurements by State University to obtain commodities and services and to undertake real estate transactions.  

 

                        Generally, the law restricts communications between a potential vendor or a person acting on behalf of the vendor, including its lobbyist, to communications with the officers and employees of the procuring agency designated in each solicitation to receive such communications.  Further, the law prohibits a communication (a “Contact”) which a reasonable person would infer as an attempt to unduly influence the award, denial or amendment of a contract.  These restrictions apply to each contract in excess of $15,000 during the “restricted period” (the time commencing with the earliest written notice of the proposed procurement and ending with the later of approval of the final contract by the agency, or, if applicable, the State Comptroller).  The agency must record all Contacts, and, generally, must deny an award of contract to a vendor involved in a knowing and willful Contact.  Each agency must develop guidelines and procedures regarding Contacts and procedures for the reporting and investigation of Contacts.  The agency’s procurement record must demonstrate compliance with these new requirements.

 

Accordingly, neither a potential vendor nor a person acting on behalf of the vendor should contact any individual at State University other than the person designated in this solicitation as State University’s Designated Contact, nor attempt to unduly influence award of the contract.  State University will make a record of all Contacts, and such records of Contact will become part of the procurement record for this solicitation.  A determination that a vendor or a person acting on behalf of the vendor has made intentionally a Contact or provided inaccurate or incomplete information as to its past compliance with State Finance Law §§139-j and 139-k is likely to result in denial of the award of contract under this solicitation.  Additional sanctions may apply. 

 

A complete copy of the State University of New York Procurement Lobbying Policy and Procedure is available for review at www.suny.edu/sunypp/.