8-5410R.1 Restrictions on Contact 08312022.pdf

2019 5410R.1

Non-Instructional/Business Operations

SUBJECT:

RESTRICTIONS ON CONTACT

This Regulation shall be provided to, and acknowledged by, the District’s Designated RFP/Bid

Evaluation Teams, including those empaneled to score the proposals and the designated contact(s) referenced by the solicitation for every RFP/Bid released. This Regulation shall be provided to the

Board, Cabinet, Division Heads, and Purchase Department Staff as part of their annual conflict of interest. This regulation will be provided electronically to all RFP/Bid evaluators, advisors, and observers and must be reviewed and acknowledged as part of the evaluation process. Additionally, a thorough procurement record must be kept regarding all contact and documents relative to the RFP/Bid.

This Regulation serves as a reminder that impermissible contact during the restricted period of a procurement (meaning during the time the RFP/Bid first made available to the public through the date of the award) must be documented and will not be tolerated.

1. Definitions under State Finance Law 139-J:

a. Restricted Period – the period from when an RFP/Bid is first made available to the public, until the Board makes an award.

b. Offeror – an individual or entity, or any employee, agent, or consultant or person acting on behalf of such individual or entity that contacts a Governmental Entity about a Governmental

Procurement during the Restricted Period.

c. Permissible Contact – only those Permissible Offeror contacts outlined in the RFP/Bid, and only to the Designated RFP/Bid Contact(s). (e.g. Contact such as submitting written questions during the Q&A period, attending a public bidders’ conference, submitting a written bid or proposal, responding to factual inquiries, or negotiating with the District after a tentative award).

d. Impermissible Contact – any oral, written, or electronic communication with the District which a reasonable person would believe is intended to influence District Procurement.

2. Restrictions on Contacts – An Offeror shall not make Impermissible Contacts during the

Restricted Period of the RFP/Bid.

The Designated RFP/Bid Contact, along with the Department of Purchase shall ensure that the

RFP/Bid terms advise that the District honors the “Restrictions on Contacts” as outlined in State

Finance Law 139-j, and as such, violations of the restrictions on contacts during procurement may result in an Offeror’s proposal being disqualified for an award under this RFP/Bid and the Offeror being debarred from government contracts in New York State for up to four years, as determined by the NYS Office of General Services.

RESTRICTIONS ON CONTACT (cont’d.)

Bidders/Offerors will also be provided a certification as part of the RFP/Bid acknowledging that they understand they are not allowed to contact or lobby or have any third party contact or lobby the

District during the restricted period of any procurement with the intent to influence the procurement in any way. Further, the Offeror shall acknowledge they understand that to do so may result in their proposal being disqualified. This acknowledgement will be a part of the RFP/Bid package and shall be executed and submitted with any proposals. Electronic acknowledgement is permitted.

District Personnel shall refrain from any communications regarding an ongoing/pending RFP/Bid.

Failure to comply runs the risk of allegations that District Personnel engaged in impermissible contact, fraud, corruption, favoritism, and/or other unlawful contact. As such, if anyone, who is not the Designated RFP/Bid Contact receives an Impermissible Contact from an Offeror they should not respond; however, they must notify the assigned Buyer.

3. Pre-Procurement Communications – District staff is prohibited from releasing internal details regarding any specific procurement opportunity that may not be publicly available to all potential bidders, this includes but is not limited to budget parameters. This prohibition also extends to any consultants regarding the procurement.

4. The only communication should be by the Designated RFP/Bid Contact, as outlined below:

a. RFP/Bid Contact Log Maintained by the Designated RFP/Bid Contact - During the

Restricted Period, the Designated Buyer is responsible for maintaining a log of impermissible or suspected impermissible Offeror Contacts.. This log will:

i. Contain the subject matter, date, and communication method.

ii. Contain the name, address, telephone number, place of principal employment and occupation of the person or organization making the contact.

iii. Indicate whether the person or organization making the contact was the Offeror or was retained, employed or designated by or on behalf of the Offeror or a lobbyist.

iv. Immediately be provided to the Director of Purchase if a contact has been reasonably considered to be Impermissible.

v. Become part of the official procurement record for the RFP/Bid.

vi. Link to “Restricted Contact” resources.

(https://www.buffaloschools.org/Page/99441

b. Impermissible Contacts Made to Other District Staff and Board Members – Details of impermissible contacts should immediately be provided to the Director of Purchase, with the same details as outlined in the RFP/Bid Contact Log above.

https://www.buffaloschools.org/Page/99441

RESTRICTIONS ON CONTACT (cont’d.)

5. Investigation of Impermissible Contacts – The Director of Purchase will investigate alleged

Impermissible Contacts, providing an opportunity for the Offeror to respond. If, after the investigation, a determination is made that the Offeror made Impermissible Contacts with the intent to influence the procurement, they may be deemed not responsible and disqualified for an award under this RFP/Bid and may be debarred from government contracts in New York State for up to four years, as determined by the New York State Office of General Services.