|Advisory Council On Procurement Lobbying|
NOTE (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 of 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, which can be found at: https://online.ogs.ny.gov/legal/lobbyinglawfaq/answer.aspx?catnum=4&questnum=8, https://online.ogs.ny.gov/legal/lobbyinglawfaq/answer.aspx?questnum=15&catnum=4 and https://online.ogs.ny.gov/legal/lobbyinglawfaq/answer.aspx?catnum=8&questnum=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.
NOTE (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.
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 new law and to examine the effect of the new law. The new 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.
For further information regarding the Advisory Council on Procurement Lobbying, please contact OGS Legal Services at 518-474-5607.
Additional information on the procurement lobbying requirements may be obtained by contacting OGS Legal Services at 518-474-5607 or from the NYS Joint Commission on Public Ethics' website, which can be found at http://www.jcope.ny.gov.