Project Sunlight is a component of the Public Integrity Reform Act of 2011(Ch.399, Part A, Section 4, L2011) that was effective January 1, 2013. Meant to increase government transparency and accountability, it is an online database that gives the public an opportunity to see what individuals and entities are interacting with State entities in five categories: procurement, rate-making, regulatory matters, judicial or quasi-judicial and rule-making.
SUNY campuses are impacted by the procurement category. Procurements of $25K or greater with one vendor over a 12 consecutive month calendar period (Procurement Lobbying Act) are reportable on Project Sunlight if they meet the reporting requirements outlined below and in the Binghamton University Training Presentation.
Purchasing and the Risk Management and Administrative Compliance Departments are responsible for the administration of this program.
Project Sunlight Procurement Requirements
Binghamton University employees are required to report appearances by individuals and firms who appear before purchasing decision-makers or before the persons who advise the decision-makers ('advisors'). These appearances must be reported on Project Sunlight within 5 business days of the occurrence if feasible.
Identification and Training of Procurement Decision-Makers and Advisors
Determining the procurement decision makers and advisors will depend upon the facts of a particular procurement and we should err on the side of caution in determining this.
People that are purchasing decision-makers and advisers should view the Binghamton University Training Presentation for training and then submit the Training Certification Form to Purchasing. Purchasing will maintain the required training record. It is anticipated that at a future time we will use online training for Project Sunlight through WECOMPLY and training will be automatically recorded.
Types Of Procurement Appearances Are Recorded On Project Sunlight
Procurement Appearances covered by this legislation are:
- In person meetings
- Conferences (other than in a public area involving multiple vendors)
- Video Chats
What items do NOT count as an Appearance?
- Written communications such as forms, faxes, letters and emails are not considered appearances.
- Communications at the request of the University that are purely informational are generally not appearances that need to be recorded UNLESS during the appearance the vendor/contractor begins to advocate its products and or services or the possibility of a state contract/purchase order.
- Appearances by individuals and/or representatives of existing state contracts do not need to be reported if pertaining only to those approved contracts or during restricted period (the restricted period is the time between the earliest written notice of a request for proposal or advertisement and the final contract award.)
- Communications with qualified Minority/Women Owned Business Entities are exempt.
When should a Procurement Appearance be recorded on Project Sunlight?
- Each meeting is a separate reportable appearance. Formal as well as informal conversations, sales pitches and cold calls are considered recordable appearances.
- Appearances that are for the purpose of procuring a state contract (including purchase orders) whether or not a specific procurement is anticipated, must be recorded.
- Appearances by an individual appearing on behalf of him/herself must also be reported
When Isn't a Procurement Appearance Recorded on Project Sunlight?
- Appearances at the request of a state entity that are purely informational don't need to be recorded UNLESS during the appearance the vendor/contractor begins to advocate its products and or services or the possibility of a state contract/purchase order.
- Appearances by individuals and/or representatives of existing state contracts do not need to be reported if pertaining only to those approved contracts.
- Written communications such as forms, faxes, letters and emails are not considered appearances. Appearances that occur during the Restricted Period as defined under the Procurement Lobbying Act need not be recorded.
Submission of Appearance Data
Complete the Project Sunlight Reporting Form within 3 days after the appearance and submit to the Purchasing at firstname.lastname@example.org or FAX to Purchasing at 777-2338. Purchasing will enter the data on the Project Sunlight state database.
Remember: These appearances must be reported on the Project Sunlight database within five business days of the occurrence when feasible.