2023 New York Laws › LEG - Legislative › Article 1-A - Lobbying Act › 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.