N.Y. Legislative Law § 1-n: Restricted contacts

§ 1-n. Restricted contacts. 1. During the restricted period, no person

or organization required to file a statement or report pursuant to this

article shall engage in lobbying activities concerning a governmental

procurement by a state agency, either house of the state legislature,

the unified court system, or a municipal agency, as that term is defined

by paragraph (ii) of subdivision (s) of section one-c of this article,

by contacting a person within the procuring entity who has not been

designated pursuant to section one hundred thirty-nine-j of the state

finance law to receive communications relative to the governmental

procurement. Further, during the restricted period, no person or

organization required to file a statement or report pursuant to this

article shall engage in lobbying activities concerning a governmental

procurement by contacting any person in a state agency other than the

state agency conducting the governmental procurement about that

governmental procurement. The prohibitions set forth in this subdivision

shall not apply to any contacts described in subdivision two or three of

this section.

2. A complaint by an offerer regarding the failure of the person or

persons designated by the procuring entity pursuant to section one

hundred thirty-nine-j of the state finance law to respond in a timely

manner to authorized offerer contacts shall not be deemed to be

"lobbying" or "lobbying activities" and shall be exempt from the

provisions of subdivision one of this section and shall be made in

writing to the office of general counsel of the state agency, either

house of the state legislature or the unified court system that is

conducting the procurement. Further, the following contacts shall not be

deemed to be "lobbying" or "lobbying activities" and shall be exempt

from the provisions of subdivision one of this section:

(a) contacts by offerers in protests, appeals or other review

proceedings (including the apparent successful bidder or proposer and

his or her representatives) before the governmental entity conducting

the procurement seeking a final administrative determination, or in a

subsequent judicial proceeding; or

(b) complaints of alleged improper conduct in a governmental

procurement to the attorney general, inspector general, district

attorney, or court of competent jurisdiction; or

(c) written protests, appeals or complaints to the state comptroller's

office during the process of contract approval, where the state

comptroller's approval is required by law, and where such communications

and any responses thereto are made in writing and shall be entered in

the procurement record pursuant to section one hundred sixty-three of

the state finance law; or

(d) complaints of alleged improper conduct in a governmental

procurement conducted by a municipal agency or local legislative body to

the state comptroller's office;

provided, however, that nothing in this subdivision shall be construed

as recognizing or creating any new rights, duties or responsibilities or

abrogating any existing rights, duties or responsibilities of any

governmental entity as it pertains to implementation and enforcement of

article eleven of the state finance law or any other provision of law

dealing with the governmental procurement process.

3. Nothing in this section shall be deemed to prohibit a person or

organization required to file a statement or report pursuant to this

article from contacting a member of the state legislature concerning a

governmental procurement in a state agency, the unified court system, or

a municipal agency, as that term is defined by paragraph (ii) of

subdivision (s) of section one-c of this article.