What is Project Sunlig What is Project Sunlight? ht? A Component - - PowerPoint PPT Presentation

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What is Project Sunlig What is Project Sunlight? ht? A Component - - PowerPoint PPT Presentation

Sep 01, 2022 152 likes •415 views

What is Project Sunlig What is Project Sunlight? ht? A Component of the A Component of the NYS Public Integ NYS Public Integrity Reform Act rity Reform Act (P (PIRA) of IRA) of 2011 2011 Became effective on January 1, 2013 Law

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SLIDE 1
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SLIDE 2

What is Project Sunlig What is Project Sunlight? ht?

A Component of the A Component of the NYS Public Integ NYS Public Integrity Reform Act rity Reform Act (P (PIRA) of IRA) of 2011 2011

  • Became effective on January 1, 2013
  • Law established a publicly accessible online database

hosted by the Office of General Services (OGS). It provides the ge gene neral pub ublic with an opportunity to see what entities and hat entities and individuals are interacting individuals are interacting w with state decision-makers ith state decision-makers prior to a formal contract.

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SLIDE 3

What does Project Sunlig What does Project Sunlight ht
 REQUIRE? REQUIRE?

The law requires that SUNY employees who are decis decision ion m makers akers or decis decision ion adv advis isors

  • rs, report

report all substantive “appearan appearances ces” with non-government entities (both individuals and firms) to an on-line searchable database within five five days of the appearance when feasible IF IF the cost of the procurement / contract could be more than $25,000. $25,000. (All entries will be published on a public-facing website.)

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Campus decision-makers include but are Campus decision-makers include but are no not limited limited to: to: 


Who Is a Decision Maker under Who Is a Decision Maker under Project Sunlig Project Sunlight? ht?

President Director of Procurement Purchasing Agent Athletics Director Vice President Admin. Dean Other Vice Presidents Chief Information Officer Provost Facilities Director

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Who is a Decision-Maker or Decision Advisor: Who is a Decision-Maker or Decision Advisor:

  • The Purchasing Dept. will designate campus Decision Makers and

Advisors based on title and job function.

  • However, there may be times when an employee not initially identified

becomes a Decision Maker/Advisor. ***A ***Any employee w ny employee who has the authority to make or “ ho has the authority to make or “substantively” substantively” influence procurement decisions.*** influence procurement decisions.*** Example: A Faculty member meets with microscope vendors to find the best microscope for their academic program needs, and advises the procurement employee which microscope to purchase. à Faculty member is a mandated Project Sunlig Faculty member is a mandated Project Sunlight reporter in this scenario. ht reporter in this scenario.

Who Is a Decision Maker under Who Is a Decision Maker under Project Sunlig Project Sunlight? ht?

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SLIDE 6

You only report appearances related to the: You only report appearances related to the:

  • SPENDING OF STATE FUNDS

SPENDING OF STATE FUNDS or

  • r
  • PROCURING OF A STATE CONTRACT

PROCURING OF A STATE CONTRACT

  • If appearance is related to the spending of funds

from a non-State fund account non-State fund account (i.e. Foundation or RF funds) = NOT REPORTED NOT REPORTED

Project Sunlig Project Sunlight Procurement ht Procurement Ap Appearances: earances:

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SLIDE 7
  • Appearance Defined:

Appearance Defined: A “substantive” interaction that is meant to have an impact on the decision making process of a state entity.

  • To constitute an appearance, the interaction must

To constitute an appearance, the interaction must be be EITHER EITHER: :

  • an in person meeting, or
  • a video conference

(It does not matter who initiated the appearance.)

Project Sunlig Project Sunlight Procurement ht Procurement Ap Appearances: earances: 


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SLIDE 8

New New Vendors for New Vendors for New Products, Service, Products, Service, Contracts: Contracts: REPORT REPORT

  • Meetings with ne

new w ve vend ndors s for products, goods and services, prior to a contract being in place

Project Sunlig Project Sunlight Appearances: ht Appearances: 
 What What MUS MUST be reported be reported

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SLIDE 9

Existing Existing Vendors for New Vendors for New Products; New Products; New Services; New Services; New Contract: Contract: REPORT REPORT

  • Meetings with existing vendors for ne

new products or services, or products and services outside the scope of the current contract agreement with vendor

Contract Re-Neg Contract Re-Negotiation:

  • tiation: REPORT

REPORT

  • Meetings involving substantial renegotiations of

Contracts

Project Sunlig Project Sunlight Appearances: ht Appearances: 
 What What MUS MUST be reported be reported

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SLIDE 10

Appearances by Advocacy Org Appearances by Advocacy Organizations: anizations: REPORT REPORT

  • Meetings with organizations, unions, and other

businesses that are advocating advocating for another business for another business are also considered appearances Example: Another higher education institution advocates for SUNY to use a vendor that they also use; this scenario constitutes a reported appearance

Project Sunlig Project Sunlight Appearances: ht Appearances: 
 What What MUS MUST be reported be reported

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Written communication: Written communication: NOT REPORTED NOT REPORTED

  • Faxes, letters, or emails are not appearances

Pho Phone ne Ca Calls: lls: NOT REPORTED NOT REPORTED

  • Phone calls are not appearances

**ONLY in-person and video conference **ONLY in-person and video conference appearances are reported** appearances are reported** Under Threshold Amount: Under Threshold Amount: NOT REPORTED NOT REPORTED

  • Contacts related to procurements under $25,000

Not Project Sunlig Not Project Sunlight Appearances: ht Appearances: 
 NOT NOT reported reported

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Intra-State Communications: Intra-State Communications: NOT REPORTED NOT REPORTED

  • Contact between SUNY and other state agencies;

In Inclu cludes des appearan appearances bef ces before:

  • re:
  • other state and local agencies and authorities

(including CUNY)

  • federal government representatives

Not Project Sunlig Not Project Sunlight Appearances: ht Appearances: 
 NOT NOT reported reported

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SLIDE 13

Elected Officials: Elected Officials: NOT REPORTED NOT REPORTED

  • Contact by elected officials, executive or legislative

employees

Philanthropy: Philanthropy: NOT REPORTED NOT REPORTED

  • Gifts, donations, or grants to the State that are not in

exchange for real property, goods, or services

Not Project Sunlig Not Project Sunlight Appearances: ht Appearances: 
 NOT NOT reported reported

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Existing Existing Contracts: Contracts: NOT REPORTED NOT REPORTED

  • Appearances following the award of a contract related to contract

administration; This includes:

  • Discussion of open contract terms
  • Purchases off an already existing contract
  • Meetings regarding contract performance

Meeting Meetings w s with the Research Foundation: ith the Research Foundation: NOT REPORTED NOT REPORTED

  • Appearances in front of the Research Foundation

because we have an existing contract with the RF to do business, generally, on SUNY’s behalf

Not Project Sunlig Not Project Sunlight Appearances: ht Appearances: 
 NOT NOT reported reported

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Emerg Emergency Procurements: ency Procurements: NOT REPORTED NOT REPORTED

  • Procurements related to emergencies, where

emergency is defined the same as it is in the State finance laws.

Not Project Sunlig Not Project Sunlight Appearances: ht Appearances: 
 NOT NOT reported reported

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Social Interaction: Social Interaction: NOT REPORTED NOT REPORTED

  • Short and informal meet and greets, introductions, or

purely social interactions

Note: A social interaction can become a reportable appearance

  • nce the person tries to influence your decision related to a

procurement or state contract

Not Project Sunlig Not Project Sunlight Appearances: ht Appearances: 
 NOT NOT reported reported

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Industry Meeting Industry Meetings, Conferences & Expos: s, Conferences & Expos: NOT NOT REPORTED REPORTED

  • Participation in widely-attended industry meeting is not considered an

appearance

  • Practically, this means no reporting

Practically, this means no reporting is required for: is required for:

  • professional conferences
  • expos/ visiting booths on a show floor/ exhibit hall
  • panels
  • training or educational programs
  • public auctions
  • where a vendor attends a SUNY Conference

NOTE: reportable appearances can still happen before and after before and after these widely attended events

Not Project Sunlig Not Project Sunlight Appearances: ht Appearances: 
 NOT NOT reported reported

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RFP/ IFB Formal Procurement Processes: RFP/ IFB Formal Procurement Processes: NOT REPORTED NOT REPORTED

  • Appearances as part of a formal procurement that are otherwise

covered by the Procurement Lobbying Law, including :

  • meetings that occur during the restricted RFP or IFB processes
  • bid meetings and presentations
  • meetings with designated contacts
  • bid clarifications

NOTE: The reason these formal procurement processes are excluded from reporting is because there are existing protocols that restrict communication to a designated contact during this time period

Not Project Sunlig Not Project Sunlight Appearances: ht Appearances: 
 NOT NOT reported reported

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SLIDE 19
  • Process for reporting

Process for reporting appearances on campus appearances on campus

  • Binghamton University has designated staff in

Purchasing who access the OGS database and input all Project Sunlight Appearances for the campus

Mu Must REPORT Information REPORT Information 
 to OGS Database to OGS Database

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  • Date of Appearance (month, day, year)

Date of Appearance (month, day, year)

  • Type of Meeting

Type of Meeting: : 0 In-Person 0 Video Conference

  • Location of Appearance:

Location of Appearance: BUILDING, STREET, CITY, STATE, ZIP

  • Purpose of Meeting

Purpose of Meeting: (one of the 5 categ : (one of the 5 categories listed in

  • ries listed in

the law the law)
 PROCURING, RATE MAKING, REGULATORY MATTERS, JUDICIAL, ADOPTION OF A RULE

  • Name of SUNY Contact and Affiliation:

Name of SUNY Contact and Affiliation: SUNY SYS ADMIN, SUCF, CAMPUS

What Information Must be What Information Must be Reported to OGS Reported to OGS

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  • Name of Company at Appearance

Name of Company at Appearance

  • Company Location:

Company Location: CITY, ZIP ONLY (IF LARGE COMPANY, LOCATION THAT REP. WORKS OUT OF)

  • Outside Representative at Appearance:

Outside Representative at Appearance: (E.G., COMPANY’S ATTORNEY, LOBBYIST)

  • Outside Representative’s Location:

Outside Representative’s Location: CITY, ZIP ONLY 
 (IF LARGE COMPANY, LOCATION THAT REP. WORKS OUT OF)

  • Name of Non-SUNY Contacts

Name of Non-SUNY Contacts

What Information Must be What Information Must be Reported to OGS Reported to OGS

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Time Requirement: Time Requirement:

Appearances must be reported to the database within five five (5) business usiness days of the appearance, whenever feasible.

Project Sunlig Project Sunlight: ht: 
 WHEN WHEN to Report By to Report By

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Bing Binghamton University MUST: hamton University MUST:

Retain records of who has been trained on campus, and ensure re-training every other year. This will be done with online training software through the University Center for Training and Development

Required SUNY Action Required SUNY Action

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  • 1. An email is an example of an Appearance?

____ True ____ False

  • 2. Appearances should be recorded in Project Sunlight within _____

days of occurrence.

  • A. 5 Days
  • B. 10 Days
  • C. One Month
  • 3. Who should you report an Appearance to?
  • A. Supervisor
  • C. Purchasing
  • C. University Police
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SLIDE 25
  • 1. An email is an example of an Appearance?

____ True _X__ False

  • 2. Appearances should be recorded in Project Sunlight within _____

days of occurrence.

  • A. 5 Days
  • B. 10 Days
  • C. One Month
  • 3. Who should you report an Appearance to?
  • A. Supervisor
  • C. Purchasing
  • C. University Police
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All Project Sunlight Information and the Appearance Recording Form can be found on the Project Sunlight link on the Purchasing website: http://www2.binghamton.edu/purchasing/ The Appearance Recording Form may be printed and faxed to Purchasing at 607-777-2338 or emailed to Cheryl Alexander CALEX@binghamton.edu within three business days of appearance for entry in Project Sunlight within 5 business days. New New York State Website: York State Website: http://projectsunlig http://projectsunlight.ny.g ht.ny.gov/

  • v/

Questions? Contact: Questions? Contact:

  • Cheryl Alexander at

Cheryl Alexander at calex@bing calex@binghamton.edu hamton.edu or x72184

  • r x72184
  • Charlene Richner at

Charlene Richner at crichner@bing crichner@binghamton.edu hamton.edu or x72044

  • r x72044
  • Ken Waskie at

Ken Waskie at kw kwaskie@bing askie@binghamton.edu hamton.edu or x72184

  • r x72184
  • Eric Backlund in Risk Manag

Eric Backlund in Risk Management at ement at backlund@bing backlund@binghamton.edu hamton.edu

  • r x 77475
  • r x 77475

Project Sunlig Project Sunlight Resources ht Resources