N.Y. LEG Law § 1-T — New York Code / Act LEG / Article 1-A / Section 1-T
Advisory council on procurement lobbying
Status: in_force

§ 1-t. Advisory council on procurement lobbying. (a) There is hereby\nestablished an advisory council on procurement lobbying. The council\nshall be composed of eleven members as follows:\n  (1) the commissioner of the office of general services, or his or her\ndesignee, who shall be chair;\n  (2) the commissioner of the state department of transportation, or his\nor her designee;\n  (3) the director of the division of the budget, or his or her\ndesignee;\n  (4) three members appointed by the governor as follows: (i) one member\nshall be representative of public authorities or public benefit\ncorporations, (ii) one member shall be a representative of local\ngovernments, and (iii) one member shall be a representative of the\ncontracting community;\n  (5) one member appointed by the temporary president of the senate;\n  (6) one member appointed by the speaker of the assembly;\n  (7) one member appointed by the chief judge of the court of appeals;\n  (8) the state comptroller, or his or her designee;\n  (9) one member appointed by the mayor of the city of New York.\n  (b) The members of the council shall receive no compensation for their\nservices, but shall be allowed their actual and necessary expenses\nincurred in the performance of their duties.\n  (c) The council shall provide advice to the commission with respect to\nthe implementation of the provisions of this article as such provisions\npertain to procurement lobbying.\n  (d) The council shall annually report to the legislature any problems\nin the implementation of the provisions of this article as such\nprovisions pertain to procurement lobbying. The council shall include in\nthe report any recommended changes to increase the effectiveness of that\nimplementation.\n  (e) The council may, pursuant to section one hundred thirty-nine-j of\nthe state finance law, establish model guidelines for:\n  (1) contacts during the restricted period between designated staff of\na state agency, either house of the state legislature, the unified court\nsystem, or a municipal agency, as that term is defined in paragraph (ii)\nof subdivision (s) of section one-c of this article, involved in\ngovernmental procurements and officers or employees of offerers, or\nofficers or employees of subcontractors of offerers, who are charged\nwith the performance of functions relating to contracts and who are\nqualified by education, training or experience to provide technical\nservices to explain, clarify or demonstrate the qualities,\ncharacteristics or advantages of an article of procurement. Such\nauthorized contacts shall: (i) be limited to providing information to\nstaff of a state agency, either house of the state legislature, the\nunified court system, or a municipal agency, as that term is defined in\nparagraph (ii) of subdivision (s) of section one-c of this article, to\nassist them in understanding and assessing the qualities,\ncharacteristics or anticipated performance of an article of procurement,\n(ii) not include any recommendations or advocate any contract\nprovisions, and (iii) occur only at such times and in such manner as\nauthorized under the procuring entity's solicitation or guidelines and\nprocedures. For the purposes of this paragraph, the term "technical\nservices" shall be limited to analysis directly applying any accounting,\nengineering, scientific, or other similar technical disciplines;\n  (2) contacts between offerers and public officials and officers or\nemployees of the unified court system during the preparation of\nspecifications, bid documents or request for proposals, invitation for\nbids, or any other method for soliciting a response from offerers for a\nprocurement contract prior to the restricted period.\n  (f) The council shall: (1) by December thirty-first, two thousand five\nsubmit a preliminary report to the governor and legislature on potential\nimplementation issues arising out of the procurement lobbying provisions\nas set forth in this article that were added by a chapter of the laws of\ntwo thousand five that added this section that are to take effect on\nJanuary first, two thousand six, and (2) by October thirtieth, two\nthousand seven, submit a report to the governor and legislature on the\neffects of the procurement lobbying provisions as set forth in this\narticle including but not limited to any changes in the number and\nnature of offerers after January first, two thousand six.\n