§ 1-n. Restricted contacts. 1. During the restricted period, no person
or organization required to file a statement or report pursuant to this
article shall engage in lobbying activities concerning a governmental
procurement by a state agency, either house of the state legislature,
the unified court system, or a municipal agency, as that term is defined
by paragraph (ii) of subdivision (s) of section one-c of this article,
by contacting a person within the procuring entity who has not been
designated pursuant to section one hundred thirty-nine-j of the state
finance law to receive communications relative to the governmental
procurement. Further, during the restricted period, no person or
organization required to file a statement or report pursuant to this
article shall engage in lobbying activities concerning a governmental
procurement by contacting any person in a state agency other than the
state agency conducting the governmental procurement about that
governmental procurement. The prohibitions set forth in this subdivision
shall not apply to any contacts described in subdivision two or three of
this section.

2. A complaint by an offerer regarding the failure of the person or
persons designated by the procuring entity pursuant to section one
hundred thirty-nine-j of the state finance law to respond in a timely
manner to authorized offerer contacts shall not be deemed to be
"lobbying" or "lobbying activities" and shall be exempt from the
provisions of subdivision one of this section and shall be made in
writing to the office of general counsel of the state agency, either
house of the state legislature or the unified court system that is
conducting the procurement. Further, the following contacts shall not be
deemed to be "lobbying" or "lobbying activities" and shall be exempt
from the provisions of subdivision one of this section:

(a) contacts by offerers in protests, appeals or other review
proceedings (including the apparent successful bidder or proposer and
his or her representatives) before the governmental entity conducting
the procurement seeking a final administrative determination, or in a
subsequent judicial proceeding; or

(b) complaints of alleged improper conduct in a governmental
procurement to the attorney general, inspector general, district
attorney, or court of competent jurisdiction; or

(c) written protests, appeals or complaints to the state comptroller's
office during the process of contract approval, where the state
comptroller's approval is required by law, and where such communications
and any responses thereto are made in writing and shall be entered in
the procurement record pursuant to section one hundred sixty-three of
the state finance law; or

(d) complaints of alleged improper conduct in a governmental
procurement conducted by a municipal agency or local legislative body to
the state comptroller's office;

provided, however, that nothing in this subdivision shall be construed
as recognizing or creating any new rights, duties or responsibilities or
abrogating any existing rights, duties or responsibilities of any
governmental entity as it pertains to implementation and enforcement of
article eleven of the state finance law or any other provision of law
dealing with the governmental procurement process.

3. Nothing in this section shall be deemed to prohibit a person or
organization required to file a statement or report pursuant to this
article from contacting a member of the state legislature concerning a
governmental procurement in a state agency, the unified court system, or
a municipal agency, as that term is defined by paragraph (ii) of
subdivision (s) of section one-c of this article.