N.Y. Legislative Law § 1-t: Advisory council on procurement lobbying

§ 1-t. Advisory council on procurement lobbying. (a) There is hereby

established an advisory council on procurement lobbying. The council

shall be composed of eleven members as follows:

(1) the commissioner of the office of general services, or his or her

designee, who shall be chair;

(2) the commissioner of the state department of transportation, or his

or her designee;

(3) the director of the division of the budget, or his or her

designee;

(4) three members appointed by the governor as follows: (i) one member

shall be representative of public authorities or public benefit

corporations, (ii) one member shall be a representative of local

governments, and (iii) one member shall be a representative of the

contracting community;

(5) one member appointed by the temporary president of the senate;

(6) one member appointed by the speaker of the assembly;

(7) one member appointed by the chief judge of the court of appeals;

(8) the state comptroller, or his or her designee;

(9) one member appointed by the mayor of the city of New York.

(b) The members of the council shall receive no compensation for their

services, but shall be allowed their actual and necessary expenses

incurred in the performance of their duties.

(c) The council shall provide advice to the commission with respect to

the implementation of the provisions of this article as such provisions

pertain to procurement lobbying.

(d) The council shall annually report to the legislature any problems

in the implementation of the provisions of this article as such

provisions pertain to procurement lobbying. The council shall include in

the report any recommended changes to increase the effectiveness of that

implementation.

(e) The council may, pursuant to section one hundred thirty-nine-j of

the state finance law, establish model guidelines for:

(1) contacts during the restricted period between designated staff of

a state agency, either house of the state legislature, the unified court

system, or a municipal agency, as that term is defined in paragraph (ii)

of subdivision (s) of section one-c of this article, involved in

governmental procurements and officers or employees of offerers, or

officers or employees of subcontractors of offerers, who are charged

with the performance of functions relating to contracts and who are

qualified by education, training or experience to provide technical

services to explain, clarify or demonstrate the qualities,

characteristics or advantages of an article of procurement. Such

authorized contacts shall: (i) be limited to providing information to

staff of a state agency, either house of the state legislature, the

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

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

assist them in understanding and assessing the qualities,

characteristics or anticipated performance of an article of procurement,

(ii) not include any recommendations or advocate any contract

provisions, and (iii) occur only at such times and in such manner as

authorized under the procuring entity's solicitation or guidelines and

procedures. For the purposes of this paragraph, the term "technical

services" shall be limited to analysis directly applying any accounting,

engineering, scientific, or other similar technical disciplines;

(2) contacts between offerers and public officials and officers or

employees of the unified court system during the preparation of

specifications, bid documents or request for proposals, invitation for

bids, or any other method for soliciting a response from offerers for a

procurement contract prior to the restricted period.

(f) The council shall: (1) by December thirty-first, two thousand five

submit a preliminary report to the governor and legislature on potential

implementation issues arising out of the procurement lobbying provisions

as set forth in this article that were added by a chapter of the laws of

two thousand five that added this section that are to take effect on

January first, two thousand six, and (2) by October thirtieth, two

thousand seven, submit a report to the governor and legislature on the

effects of the procurement lobbying provisions as set forth in this

article including but not limited to any changes in the number and

nature of offerers after January first, two thousand six.