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SECTION 1-T
Advisory council on procurement lobbying
Legislative (LEG) CHAPTER 32, ARTICLE 1-A
§ 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.