Relates to procurement lobbying

1 Co-sponsor

• Antoine M. Thompson

Title of bill

An act to amend the legislative law and the state finance law, in relation to procurement lobbying; and to amend chapter 1 of the laws of 2005 amending the state finance law and other laws relating to restricting contacts in the procurement process and the recording of contacts relating thereto, in relation to extending the effectiveness of certain provisions thereof

Purpose

This bill makes improvements to and clarifies the extent of the procurement lobbying law, and extends the expiration date of that law from March 10, 2010 to July 31, 2014.

Summary of provisions

Section 1 of the bill outlines the legislative intent of the initial procurement lobbying statute, including its legislative history.

Section 2 amends Legislative Law Section 1-c to mirror changes in the same definitions in State Finance Law (SFL) Sections 139-j and 139-k in Sections 3 and 4 of this bill.

Section 3 amends SFL Section 139-j to add technical and substantive improvements, including a clearer definition of when the restricted contact period begins and the responsibilities of governmental agencies during that period, as well as what communications are not subject to the restricted contact provisions of the law.

Section 4 amends SFL Section 139-k to conform its provisions to the amendments made to SFL Section 139-j in Section 2 of this bill.

Section 5 amends section 16 of Chapter 1 of the Laws of 2005 to extend the expiration date of SFL sections 139-j and 139-k to July 31, 2014.

Section 6 of the bill provides for an immediate effective date.

Existing law

SFL SS 139-l and 139-k set forth restrictions on contacts during the procurement process and provide for recording of such contacts. These statutes were originally subject to a December 31, 2007 expiration date, but were extended to July 31, 2009 by Chapter 501 of the laws of 2007 and to March 10, 2010 by Chapter 169 of 2009. These two statutory provisions are set to expire on March 10, 2010.

Legislative history

This is a new proposal.

Statement in support

Concerns about ensuring that the public procurement process is competitive, open and transparent, with a level playing field for obtaining contract awards by participating vendors, resulted in the enactment in 2005 of the procurement lobbying law set forth in SFL S 139-j and 139-k. These two provisions restrict contacts during the procurement process and provide for the recording of such contacts. Without an extender, these requirements would be eliminated. Such provisions are important to maintain the integrity of the public procurement infrastructure and to continue with best practices in the establishment and administration of State contracts.

Since its enactment in 2005, these provisions have greatly increased public and vendor confidence in the fairness and transparency of the State procurement process. However, concerns have been expressed that they have also resulted in the, unintended consequences of creating a chilling effect on legitimate vendor-agency communications during government procurements. Such legitimate communications, as long as they are properly recorded and evenhandedly received, are an important source of feedback for agencies during complex procurements. The new provisions of this bill, in conjunction with its extension until 2014, would help to create clarity and certainty for both vendors and governmental agencies as to their rights and responsibilities during the procurement process.

Budget implications

Minimal.

Effective date

This act shall take effect immediately.