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Legislative Memo

T 518.465.7511
www.bcnys.org

BILL:

S.7722 (Lanza) /A.10296 (Peoples-Stokes)

Support

SUBJECT:

Clarifies the definition of “restricted period”

 

DATE:

May 25, 2016

 

The Business Council supports this legislation, which is necessary to clarify the definition of the “restricted period” on communications during a procurement in State Finance Law Section 139-k.

The FY 2017 enacted budget included language that clarified, in State Finance Law Section 139-j, that a restricted period commences at the earliest posting of an RFP on a government entity’s website, newspaper or procurement opportunities newsletter. Prior to this clarification, there was confusion surrounding the restricted period because an agency’s first “determination of need” for a procurement triggers a reporting requirement. However, this was not intended to mark the start of a black-out period on communications, and vendors frequently stated that agencies prematurely deemed that a restricted period had begun.

State Finance Law 139-k, which still includes the older definition of a “restricted period,” needs to be updated.

The Business Council supports this technical amendment for the reasons stated above.