§ 1-N — Restricted contacts

§ 1-n. Restricted contacts. 1. During the restricted period, no person\nor organization required to file a statement or report pursuant to this\narticle shall engage in lobbying activities concerning a governmental\nprocurement by a state agency, either house of the state legislature,\nthe unified court system, or a municipal agency, as that term is defined\nby paragraph (ii) of subdivision (s) of section one-c of this article,\nby contacting a person within the procuring entity who has not been\ndesignated pursuant to section one hundred thirty-nine-j of the state\nfinance law to receive communications relative to the governmental\nprocurement. Further, during the restricted period, no person or\norganization required to file a statement or report pursuant to this\narticle shall engage in lobbying activities concerning a governmental\nprocurement by contacting any person in a state agency other than the\nstate agency conducting the governmental procurement about that\ngovernmental procurement. The prohibitions set forth in this subdivision\nshall not apply to any contacts described in subdivision two or three of\nthis section.\n 2. A complaint by an offerer regarding the failure of the person or\npersons designated by the procuring entity pursuant to section one\nhundred thirty-nine-j of the state finance law to respond in a timely\nmanner to authorized offerer contacts shall not be deemed to be\n"lobbying" or "lobbying activities" and shall be exempt from the\nprovisions of subdivision one of this section and shall be made in\nwriting to the office of general counsel of the state agency, either\nhouse of the state legislature or the unified court system that is\nconducting the procurement. Further, the following contacts shall not be\ndeemed to be "lobbying" or "lobbying activities" and shall be exempt\nfrom the provisions of subdivision one of this section:\n (a) contacts by offerers in protests, appeals or other review\nproceedings (including the apparent successful bidder or proposer and\nhis or her representatives) before the governmental entity conducting\nthe procurement seeking a final administrative determination, or in a\nsubsequent judicial proceeding; or\n (b) complaints of alleged improper conduct in a governmental\nprocurement to the attorney general, inspector general, district\nattorney, or court of competent jurisdiction; or\n (c) written protests, appeals or complaints to the state comptroller's\noffice during the process of contract approval, where the state\ncomptroller's approval is required by law, and where such communications\nand any responses thereto are made in writing and shall be entered in\nthe procurement record pursuant to section one hundred sixty-three of\nthe state finance law; or\n (d) complaints of alleged improper conduct in a governmental\nprocurement conducted by a municipal agency or local legislative body to\nthe state comptroller's office;\n provided, however, that nothing in this subdivision shall be construed\nas recognizing or creating any new rights, duties or responsibilities or\nabrogating any existing rights, duties or responsibilities of any\ngovernmental entity as it pertains to implementation and enforcement of\narticle eleven of the state finance law or any other provision of law\ndealing with the governmental procurement process.\n 3. Nothing in this section shall be deemed to prohibit a person or\norganization required to file a statement or report pursuant to this\narticle from contacting a member of the state legislature concerning a\ngovernmental procurement in a state agency, the unified court system, or\na municipal agency, as that term is defined by paragraph (ii) of\nsubdivision (s) of section one-c of this article.\n