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