Procurement Lobbying - Section 2
In 2006, the Lobby Act also included Procurement Lobbying.
Terms
Article of Procurement shall include the following with subject to governmental procurement
- Commodities;
- Services;
- Technology;
- Public works;
- Construction;
- Revenue contracts;
- Real Property, including the purchase, sale, lease, or an acquisition or granting of other interest.
"Procurement Contract" - any contract or agreement for an article of procurement involving an estimated annualized expenditure in excess of $15,000 except;
- Smaller value contracts with an estimated annualized expenditure under $15,000
- Grants;
- Article XI-B state finance law contracts;
- Intergovernmental agreements;
- Railroad and utility force accounts, and utility relocation project agreements;
- Orders and eminent domain transactions.
"Governmental Procurement"
- Preparation or terms of specifications, bid documents, RFPs, or evaluation criteria for a procurement contract; or
- Solicitation for a procurement contract; or
- Evaluation of a procurement contract; or
- Award/approval/denial/disapproval of a procurement contract; or
- Approval/denial of an assignment, amendment, renewal or extension of a procurement contract; or
- Any other material change in the procurement contract resulting in a financial benefit to the offerer.
Restricted Period
- Starts with the earliest attempt to solicit a response with regard to a procurement contract
- Ends with the final contract award.
Restricted Contacts
During the restricted period, no person or organization shall engage in lobbying activities concerning a governmental procurement by contacting a person within the procuring entity who has not been designated pursuant to receive communications relative to the governmental procurement.
Commission Salesperson
Any person whose primary purpose of employment is to cause or promote the sale of, or to influence or induce another to make a purchase of an article of procurement, whether such person is an employee (as that term is defined for tax purposes) of or an independent contractor for a vendor, provided that an independent contractor shall have a written contract for a term of not less than six months or for an indefinite term, and which person shall be compensated, in whole or in part, by the payment of a percentage amount of all or a substantial part of the sales which such person has caused, promoted, influenced or induced, provided, however, that no person shall be considered a commission salesperson with respect to any sale to or purchase by a state agency, either house of the state legislature, the unified court system, a municipal agency or local legislative body if the percentage amount of any commission payable with respect to such sale or purchase is substantially in excess of any commission payable with respect to any comparable sale to a purchaser that is not a state agency, either house of the state legislature, the unified court system, a municipal agency or local legislative body; further, provided, however, that any person that is required to file a statement or report pursuant to this article by virtue of engaging in lobbying activities as defined in paragraphs (i) through (iv) and (vi) through (x) of subdivision (c) of the NYS Lobby Act shall not be deemed to be a "commission salesperson" for purposes of this article.