Advisory Council on Procurement Lobbying

In August 2005, major changes to the Legislative Law and the State Finance Law were enacted, which regulate lobbying on procurement contracts. The significant amendments included the creation of the Advisory Council on Procurement Lobbying, which issues guidelines to assist state and local governments in complying with the law and to examine the effect of the law. 

The procurement lobbying restrictions became effective on January 1, 2006, and can be found in Sections 139-j and 139-k of the New York State Finance Law. Modifications to the Law were enacted in 2005, 2006, 2007, 2009, and 2010. Applicable statutes include:

• New York State Legislative Law §1-t: Advisory Council on Procurement Lobbying
• State Finance Law §139-j. Restrictions on contacts during the procurement process
• State Finance Law §139-k. Disclosure of contacts and responsibilities of offerers

Additional information on the procurement lobbying requirements is on the New York State Commission on Ethics and Lobbying in Government website.

February 2020: Chapter 96 of the Laws of 2019 expanded the permissible subject-matter exceptions contained in State Finance Law § 139-j (3). The new exceptions include: Complaints by certified MWBEs to the MWBE Statewide Advocate concerning a Governmental Entity's failure to comply with the requirements of Executive Law §315 and communications between the MWBE Statewide Advocate and the Governmental Entity in furtherance of an investigation of the MWBE Statewide Advocate pursuant to Executive Law §312-a. This change will amend FAQ 4.9 by including these new exceptions. Any questions regarding this change can be directed to OGS Legal Services at 518-474-5607.

October 2016: Chapters 57 and 156 of the Laws of 2016 revised the definition of the term Restricted Period in State Finance Law § 139-j and § 139-k. The new definition is: "Restricted period" shall mean the period of time commencing with the earliest posting, on a governmental entity's website, in a newspaper of general circulation, or in the procurement opportunities newsletter in accordance with Article 4-C of the New York State Economic Development Law of written notice, advertisement or solicitation of a request for proposal, invitation for bids or solicitation of proposals, or any other method provided for by law or regulation for soliciting a response from offerers intending to result in a procurement contract with a governmental entity and ending with the final contract award and approval by the governmental entity and, where applicable, the State Comptroller. This change will amend FAQs 4.8, 4.15 and 8.1 by including this new definition in place of references to the first written notice. Any questions regarding this change can be directed to OGS Legal Services at 518-474-5607.

April 2015: New York State's 2015-2016 enacted budget amends the NYS Lobbying Act's definition of the term municipality to include all governmental subdivisions with a population greater than 5,000. This change will amend FAQ 3.2, which can be found at ACPL FAQ 3.2, by changing the language "population of more than fifty thousand" to "population of more than five thousand." Any questions regarding this change can be directed to OGS Legal Services at 518-474-5607.

Maintained by the Office of General Services Under State Finance Law §139-j(10)(b)

State Finance Law §139-j(10) obligates a Governmental Entity to notify the Office of General Services (OGS) when it makes a determination of non-responsibility due to a violation of State Finance Law §139-j (a knowing and willful violation of the permissible Contacts requirements). OGS is required to maintain a publicly available list and publish such list on its website. If additional information is needed regarding a listing, please contact the Governmental Entity that made such determination. 

• List of Non-Responsible Bidders: No Offerers have been reported as non-responsible in accordance with the section. 

Please immediately notify the Deputy Commissioner and Counsel for the Office of Legal Services at the New York State Office of General Services if you have found a bidder to be non-responsible pursuant to this section of the law. 

Maintained by the Office of General Services under State Finance Law §139-j(10)(b)

State Finance Law §139-j(10) obligates a Governmental Entity to notify the Office of General Services (OGS) when it makes a determination of non-responsibility due to a violation of State Finance Law §139-j (a knowing and willful violation of the permissible Contacts requirements). Any subsequent determination of non-responsibility within a four year period shall result in an Offerer being rendered ineligible to submit a proposal on or be awarded any procurement contract for a period of four years from the date of the second final determination. OGS is required to maintain a publicly available list and publish such list on its website. If additional information is needed regarding a listing, please contact the Governmental Entity that made such determination. 

• List of Debarred Offerers: No Offerers have been reported as debarred in accordance with this section. 

Please immediately notify the Deputy Commissioner and Counsel for the Office of Legal Services at the New York State Office of General Services if you have found a bidder to be non-responsible pursuant to this section of the law.