A. 7513--A 2
12. Review by the office of the state comptroller. Review by the
office of the state comptroller shall be in accordance with section one
hundred twelve of this chapter. WHERE THE CONTRACTING AGENCY HAS NOT
COMPLIED WITH ONE OR MORE PROVISIONS OF THIS ARTICLE, THE STATE COMP-
TROLLER MAY APPROVE THE AWARDED CONTRACT IF:
A. THE CONTRACTING AGENCY DETERMINES AND CERTIFIES, BASED UPON A
PREPONDERANCE OF THE EVIDENCE DOCUMENTED IN THE PROCUREMENT RECORD, THAT
THE NONCOMPLIANCE WAS A NON-MATERIAL DEVIATION FROM ONE OR MORE
PROVISIONS OF THIS ARTICLE. FOR THE PURPOSES OF THIS SUBDIVISION
"NON-MATERIAL DEVIATION" SHALL MEAN THAT SUCH NONCOMPLIANCE DID NOT
PREJUDICE OR FAVOR ANY VENDOR OR POTENTIAL VENDOR, SUCH NONCOMPLIANCE
DID NOT SUBSTANTIALLY AFFECT THE FAIRNESS OF THE COMPETITIVE PROCESS,
AND THAT A NEW PROCUREMENT WOULD NOT BE IN THE BEST INTEREST OF THE
STATE. SUCH DETERMINATION BY THE CONTRACTING AGENCY AND THE STATE COMP-
TROLLER SHALL BE DOCUMENTED IN THE PROCUREMENT RECORD; AND
B. THE STATE COMPTROLLER CONCURS IN SUCH DETERMINATION.
S 2. The state finance law is amended by adding a new section 163-c to
read as follows:
S 163-C. VENDOR RESPONSIBILITY; ONLINE SYSTEM PARTICIPATION. 1. DEFI-
NITIONS. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
A. "ENROLLMENT" SHALL MEAN THE ESTABLISHMENT OF AN ONLINE SERVICES
ACCOUNT WITH THE STATE COMPTROLLER, INCLUDING, BUT NOT LIMITED TO, THE
CREATION OF A UNIQUE USER IDENTIFICATION AND PASSWORD. ENROLLMENT
PROVIDES A USER ACCESS TO THE SYSTEM.
B. "ONLINE SERVICES" SHALL MEAN THE SERVICES PROVIDED ELECTRONICALLY
AND SECURELY BY THE STATE COMPTROLLER FOR THE BENEFIT OF NEW YORK'S
CUSTOMERS, CLIENTS AND BUSINESS PARTNERS. SUCH ONLINE SERVICES MAY BE
EXPANDED AND ENHANCED AS TECHNOLOGY ALLOWS.
C. "STATE AGENCY" OR "STATE AGENCIES" SHALL MEAN ALL STATE DEPART-
MENTS, BOARDS, COMMISSIONS, OFFICES OR INSTITUTIONS. SUCH TERM SHALL NOT
INCLUDE THE LEGISLATURE OR THE JUDICIARY.
D. "STATE CONTRACT" OR "CONTRACT" SHALL MEAN AND INCLUDE ANY WRITTEN
AGREEMENT FOR THE ACQUISITION OF GOODS, SERVICES OR CONSTRUCTION OF ANY
KIND BETWEEN A VENDOR AND A STATE AGENCY, OR A WRITTEN AGREEMENT OR
OTHER INSTRUMENT WHEREIN A STATE AGENCY AGREES TO GIVE CONSIDERATION
OTHER THAN THE PAYMENT OF MONEY AS CONTEMPLATED IN SUBDIVISION THREE OF
SECTION ONE HUNDRED TWELVE OF THIS CHAPTER.
E. "SUBCONTRACTOR" SHALL MEAN AN INDIVIDUAL, SOLE PROPRIETORSHIP,
PARTNERSHIP, JOINT VENTURE OR CORPORATION, WHICH IS ENGAGED IN A SUBCON-
TRACT BY A VENDOR PURSUANT TO A STATE CONTRACT AND SUCH SUBCONTRACT IS
VALUED AT ONE HUNDRED THOUSAND DOLLARS OR MORE AND IS KNOWN AT THE TIME
OF THE AWARD OF THE STATE CONTRACT TO THE VENDOR.
F. "SYSTEM" SHALL MEAN THE ON-LINE SOFTWARE, DATA AND RELATED
RESOURCES MAINTAINED BY THE COMPTROLLER TO COMPILE VENDOR RESPONSIBILITY
INFORMATION.
G. "TERMS OF SERVICE" SHALL MEAN THE TERMS AND CONDITIONS DEVELOPED BY
THE STATE COMPTROLLER AND AGREED TO BY EACH AUTHORIZED USER PRIOR TO
GAINING ACCESS TO ONLINE SERVICES. TERMS OF SERVICE SHALL INCLUDE A
DESCRIPTION OF THE SERVICES, OBLIGATIONS OF THE STATE COMPTROLLER AND
THE AUTHORIZED USER, A DESCRIPTION OF THE STATE COMPTROLLER'S PRIVACY
POLICY, AUTHORIZED USER CODE OF CONDUCT, AND INDEMNITY FOR THE STATE
COMPTROLLER AND THE STATE OF NEW YORK. TERMS OF SERVICE ARE SUBJECT TO
CHANGE AS PRESCRIBED BY THE STATE COMPTROLLER. AUTHORIZED USERS MAY
VIEW CHANGES VIA THE STATE COMPTROLLER'S INTERNET SITE.
A. 7513--A 3
H. "VENDOR" SHALL INCLUDE ANY PERSON, PARTNERSHIP, CORPORATION OR
LIMITED LIABILITY COMPANY OR ANY BUSINESS ENTITY BIDDING ON A STATE
PROCUREMENT OR OTHERWISE AWARDED A STATE CONTRACT.
I. "VENDOR RESPONSIBILITY" SHALL MEAN THAT A VENDOR HAS THE CAPACITY
TO FULLY PERFORM THE TERMS OF A CONTRACT AND THE INTEGRITY AND BUSINESS
ETHICS TO JUSTIFY AN AWARD OF PUBLIC DOLLARS. A DETERMINATION OF VENDOR
RESPONSIBILITY SHALL INCLUDE CONSIDERATION OF FACTORS INCLUDING, BUT NOT
LIMITED TO, FINANCIAL AND ORGANIZATIONAL CAPACITY, LEGAL AUTHORITY,
INTEGRITY AND PAST PERFORMANCE ON GOVERNMENTAL CONTRACTS.
2. A. STATE AGENCIES SHALL ENROLL WITH THE STATE COMPTROLLER TO ACCESS
THE SYSTEM MAINTAINED BY THE COMPTROLLER TO COMPILE VENDOR RESPONSIBIL-
ITY INFORMATION. STATE AGENCIES SHALL AGREE TO AND ABIDE BY THE TERMS OF
SERVICE FOR SUCH SYSTEM AS THE STATE COMPTROLLER DEEMS NECESSARY.
B. FOR EACH CONTRACT OR SUBCONTRACT BETWEEN A VENDOR AND A SUBCONTRAC-
TOR WHERE, PURSUANT TO LAW OR BY DIRECTION OF THE STATE AGENCY, DISCLO-
SURE FOR VENDOR RESPONSIBILITY IS REQUIRED, THE STATE AGENCY SHALL:
(I) PROVIDE NOTICE TO VENDORS BIDDING FOR PROCUREMENTS ADMINISTERED BY
THE STATE AGENCY THAT ANY VENDOR AND SUBCONTRACTOR, SUBMITTING A VENDOR
RESPONSIBILITY QUESTIONNAIRE SHALL DO SO VIA THE SYSTEM MAINTAINED TO
COMPILE VENDOR RESPONSIBILITY INFORMATION;
(II) PROVIDE VENDORS WITH INSTRUCTIONS ON HOW TO ELECTRONICALLY ACCESS
THE SYSTEM AND PROVIDE CONTACT INFORMATION FOR ASSISTANCE WITH ENROLL-
MENT. THIS INFORMATION SHALL BE MADE AVAILABLE PRIOR TO THE TIME WHEN
VENDORS ARE REQUIRED TO SUBMIT DISCLOSURE FOR VENDOR RESPONSIBILITY; AND
(III) ACCESS THE SYSTEM TO OBTAIN AND EVALUATE ANY DATA SUBMITTED BY A
VENDOR PROPOSED FOR CONTRACT AWARD. STATE AGENCIES SHALL ENSURE THE
SUBMISSION FILED BY THE VENDOR MEETS SUCH SYSTEM'S TIMELINESS STANDARDS.
SUCH PROVISIONS APPLY REGARDLESS OF WHETHER THE CONTRACT IS SUBJECT TO
PRE-REVIEW AND APPROVAL BY THE STATE COMPTROLLER.
C. FOR CONTRACTS WHERE VENDOR DISCLOSURE IS NOT OTHERWISE REQUIRED,
THE STATE AGENCY AT ITS DISCRETION, MAY REQUIRE VENDORS BIDDING ON
PROCUREMENTS, AND/OR SUBCONTRACTORS, TO SUBMIT A VENDOR RESPONSIBILITY
QUESTIONNAIRE VIA THE SYSTEM. NOTHING CONTAINED IN THIS PARAGRAPH SHALL
BE CONSTRUED TO ALTER THE EXISTING AUTHORITY OF THE STATE COMPTROLLER TO
REQUIRE THE SUBMISSION OF A VENDOR RESPONSIBILITY QUESTIONNAIRE IN
CONJUNCTION WITH HIS OR HER DUTY TO REVIEW AND APPROVE STATE CONTRACTS
PRIOR TO SUCH CONTRACTS BECOMING EFFECTIVE.
D. STATE AGENCIES SHALL PROVIDE ACCESS TO THE SYSTEM TO USERS WITHIN
THEIR ORGANIZATION, AS DEEMED APPROPRIATE BY THE HEAD OF THE STATE AGEN-
CY OR HIS OR HER DESIGNEE. STATE AGENCY USERS PROVIDED WITH SUCH ACCESS
SHALL BE THOSE INDIVIDUALS, WHO, AS PART OF THEIR OFFICIAL JOB DUTIES,
ARE REQUIRED TO ASSESS AND/OR REVIEW VENDOR RESPONSIBILITY FOR THE AGEN-
CY'S CONTRACTS.
S 3. Subdivisions 7 and 10 of section 160 of the state finance law,
subdivision 7 as amended by section 30 of part L of chapter 55 of the
laws of 2012 and subdivision 10 as added by chapter 83 of the laws of
1995, are amended to read as follows:
7. "Service" or "services" means the performance of a task or tasks
and may include a material good or a quantity of material goods, and
which is the subject of any purchase or other exchange. For the purposes
of this article, INFORMATION technology shall be deemed a service.
Services, as defined in this article, shall not apply to those contracts
for architectural, engineering or surveying services, or those contracts
approved in accordance with article eleven-B of this chapter.
10. "[Technology] INFORMATION TECHNOLOGY" means either a good or a
service or a combination thereof, [that results in a technical method of
A. 7513--A 4
achieving a practical purpose or in improvements in productivity] USED
IN THE APPLICATION OF ANY COMPUTER OR ELECTRONIC INFORMATION EQUIPMENT
OR INTERCONNECTED SYSTEM THAT IS USED IN THE ACQUISITION, STORAGE,
MANIPULATION, MANAGEMENT, MOVEMENT, CONTROL, DISPLAY, SWITCHING, INTER-
CHANGE, TRANSMISSION, OR RECEPTION OF DATA INCLUDING, BUT NOT LIMITED
TO, HARDWARE, SOFTWARE, FIRMWARE, PROGRAMS, SYSTEMS, NETWORKS, INFRAS-
TRUCTURE, MEDIA, AND RELATED MATERIAL USED TO AUTOMATICALLY AND ELEC-
TRONICALLY COLLECT, RECEIVE, ACCESS, TRANSMIT, DISPLAY, STORE, RECORD,
RETRIEVE, ANALYZE, EVALUATE, PROCESS, CLASSIFY, MANIPULATE, MANAGE,
ASSIMILATE, CONTROL, COMMUNICATE, EXCHANGE, CONVERT, CONVERGE, INTER-
FACE, SWITCH, OR DISSEMINATE DATA OF ANY KIND OR FORM. Goods may be
either new or used.
S 4. Paragraphs g and i of subdivision 2 of section 161 of the state
finance law, as added by chapter 83 of the laws of 1995, are amended to
read as follows:
g. Consult with and advise the commissioner on strategic INFORMATION
technology investments that will facilitate electronic access to the
terms and conditions of existing procurement contracts, promote elec-
tronic commerce including, but not limited to, payment to vendors,
promote and enhance the efficiency of the procurement of products and
services by or for state agencies and produce useful information that
supports state procurement operations, management, analysis and decision
making including, but not limited to, data concerning the status and use
of procurement contracts and the number and type of contracts and award
recipients;
i. Establish and, from time to time, amend guidelines for the procure-
ment of services and INFORMATION technology in accordance with the
provisions of this article. Such guidelines shall ensure the wise and
prudent use of public money in the best interest of the taxpayers of the
state; guard against favoritism, improvidence, extravagance, fraud and
corruption; and ensure that service contracts are awarded on the basis
of best value, including, but not limited to, the following criteria:
quality, cost, and efficiency;
S 5. Paragraph k of subdivision 1 and subdivisions 6 and 7 of section
163 of the state finance law, paragraph k of subdivision 1 as added by
section 36 of part L of chapter 55 of the laws of 2012, subdivision 6 as
amended by section 1 of part P of chapter 55 of the laws of 2013 and
subdivision 7 as amended by section 10 of part L of chapter 55 of the
laws of 2012, are amended to read as follows:
k. "Authorized user" or "non-state agency purchaser" means (i) any
officer, body or agency of the state or of a political subdivision or a
district therein, or fire company or volunteer ambulance service as such
are defined in section one hundred of the general municipal law, to make
purchases of commodities, services and INFORMATION technology through
the office of general services' centralized contracts, pursuant to the
provisions of section one hundred four of the general municipal law;
(ii) any county extension service association as authorized under subdi-
vision eight of section two hundred twenty-four of the county law; (iii)
any association or other entity as specified in and in accordance with
section one hundred nine-a of the general municipal law; (iv) any asso-
ciation, consortium or group of privately owned or municipal, federal or
state owned or operated hospitals, medical schools, other health related
facilities or voluntary ambulance services, which have entered into a
contract and made mutual arrangements for the joint purchase of commod-
ities, services and INFORMATION technology pursuant to section twenty-
eight hundred three-a of the public health law; (v) any institution for
A. 7513--A 5
the instruction of the deaf or of the blind listed in section forty-two
hundred one of the education law; (vi) any qualified non-profit-making
agency for the blind approved by the commissioner of the office of chil-
dren and family services or the office of temporary and disability
assistance; (vii) any qualified charitable non-profit-making agency for
the severely disabled approved by the commissioner of education; (viii)
any hospital or residential health care facility as defined in section
twenty-eight hundred one of the public health law; (ix) any private
not-for-profit mental hygiene facility as defined in section 1.03 of the
mental hygiene law; (x) any public authority or public benefit corpo-
ration of the state, including the port authority of New York and New
Jersey and the interstate environmental commission; (xi) any public
library, association library, library system, cooperative library
system, the New York Library Association, and the New York State Associ-
ation of Library Boards or any other library except those which are
operated by for profit entities; (xii) any other association or entity
as specified in state law, to make purchases of commodities, services
and INFORMATION technology through the office of general services'
centralized contracts. Such qualified non-profit-making agencies for the
blind and severely disabled may make purchases from the correctional
industries program of the department of corrections and community super-
vision subject to rules pursuant to the correction law.
6. Discretionary buying thresholds. Pursuant to guidelines established
by the state procurement council: the commissioner may purchase services
and commodities in an amount not exceeding eighty-five thousand dollars
without a formal competitive process; state agencies may purchase
services and commodities in an amount not exceeding fifty thousand
dollars without a formal competitive process; and state agencies may
purchase commodities or services from small business concerns or those
certified pursuant to article fifteen-A of the executive law, or commod-
ities or INFORMATION technology that are recycled or remanufactured, or
commodities that are food, including milk and milk products, grown,
produced or harvested in New York state in an amount not exceeding two
hundred thousand dollars without a formal competitive process.
7. Method of procurement. Consistent with the requirements of subdivi-
sions three and four of this section, state agencies shall select among
permissible methods of procurement including, but not limited to, an
invitation for bid, request for proposals or other means of solicitation
pursuant to guidelines issued by the state procurement council. State
agencies may accept bids electronically including submission of the
statement of non-collusion required by section one hundred thirty-nine-d
of this chapter and, starting April first, two thousand twelve, and
ending March thirty-first, two thousand fifteen, may, for commodity,
service and INFORMATION technology contracts require electronic
submission as the sole method for the submission of bids for the solic-
itation. State agencies shall undertake no more than eighty-five such
electronic bid solicitations, none of which shall be reverse auctions,
prior to April first, two thousand fifteen. In addition, state agencies
may conduct up to twenty reverse auctions through electronic means,
prior to April first, two thousand fifteen. Prior to requiring the elec-
tronic submission of bids, the agency shall make a determination, which
shall be documented in the procurement record, that electronic
submission affords a fair and equal opportunity for offerers to submit
responsive offers. Within thirty days of the completion of the eighty-
fifth electronic bid solicitation, or by April first, two thousand
fifteen, whichever is earlier, the commissioner shall prepare a report
A. 7513--A 6
assessing the use of electronic submissions and make recommendations
regarding future use of this procurement method. In addition, within
thirty days of the completion of the twentieth reverse auction through
electronic means, or by April first, two thousand fifteen, whichever is
earlier, the commissioner shall prepare a report assessing the use of
reverse auctions through electronic means and make recommendations
regarding future use of this procurement method. Such reports shall be
published on the website of the office of general services. Except where
otherwise provided by law, procurements shall be competitive, and state
agencies shall conduct formal competitive procurements to the maximum
extent practicable. State agencies shall document the determination of
the method of procurement and the basis of award in the procurement
record. Where the basis for award is the best value offer, the state
agency shall document, in the procurement record and in advance of the
initial receipt of offers, the determination of the evaluation criteria,
which whenever possible, shall be quantifiable, and the process to be
used in the determination of best value and the manner in which the
evaluation process and selection shall be conducted.
S 6. Paragraph (a) of subdivision 2 of section 112 of the state
finance law, as amended by section 18 of part L of chapter 55 of the
laws of 2012, is amended to read as follows:
(a) Before any contract made for or by any state agency, department,
board, officer, commission, or institution, except the office of general
services, shall be executed or become effective, whenever such contract
exceeds fifty thousand dollars in amount and before any contract made
for or by the office of general services shall be executed or become
effective, whenever such contract exceeds eighty-five thousand dollars
in amount, it shall first be approved by the comptroller and filed in
his or her office, with the exception of contracts established as a
centralized contract through the office of general services [and
purchase orders or other procurement transactions issued under such
centralized contracts] THAT WERE NOT AWARDED PURSUANT TO SUBDIVISION
SIXTEEN OF SECTION ONE HUNDRED SIXTY-THREE OF THIS CHAPTER. The comp-
troller shall make a final written determination with respect to
approval of such contract within ninety days of the submission of such
contract to his or her office unless the comptroller shall notify, in
writing, the state agency, department, board, officer, commission, or
institution, prior to the expiration of the ninety day period, and for
good cause, of the need for an extension of not more than fifteen days,
or a reasonable period of time agreed to by such state agency, depart-
ment, board, officer, commission, or institution and provided, further,
that such written determination or extension shall be made part of the
procurement record pursuant to paragraph f of subdivision one of section
one hundred sixty-three of this chapter.
S 7. Section 163 of the state finance law is amended by adding a new
subdivision 16 to read as follows:
16. ALTERNATIVE PROCUREMENT METHODS FOR THE ACQUISITION OF NON-CON-
STRUCTION RELATED COMMODITIES AND SERVICES, OR INFORMATION TECHNOLOGY.
A. WHEN THE COMMISSIONER OR A STATE AGENCY DETERMINES THAT IT IS IN THE
BEST INTEREST OF THE STATE TO DEVELOP A PROCUREMENT METHOD NOT AUTHOR-
IZED BY THIS SECTION FOR NON-CONSTRUCTION RELATED COMMODITIES AND
SERVICES, OR INFORMATION TECHNOLOGY, THE COMMISSIONER OR STATE AGENCY IS
HEREBY AUTHORIZED TO DEVELOP AND USE SUCH METHOD FOR A SPECIFIC CONTRACT
AWARD. SUCH DETERMINATION SHALL BE MADE IN WRITING AND SHALL INCLUDE
DOCUMENTATION FOR THE PROCUREMENT RECORD THAT SUCH ALTERNATIVE PROCURE-
MENT METHOD: (I) WOULD SERVE THE INTEREST OF THE STATE BETTER THAN OTHER
A. 7513--A 7
METHODS CURRENTLY AVAILABLE UNDER THIS SECTION; (II) CAN BE APPLIED ON A
COMPETITIVE, FAIR AND EQUITABLE BASIS; AND (III) CONTAINS AN APPROPRIATE
EVALUATION METHODOLOGY THAT CONSIDERS BOTH COST AND QUALITATIVE EVALU-
ATION FACTORS. SUCH ALTERNATIVE PROCUREMENT METHOD SHALL BE SUBJECT TO
ALL OTHER APPLICABLE PROVISIONS OF THIS SECTION. THE COMMISSIONER OR A
STATE AGENCY MAY NOT UNDERTAKE AN ALTERNATIVE PROCUREMENT METHOD UNTIL
THE COMPTROLLER HAS DETERMINED THAT THE PROPOSED ALTERNATIVE PROCUREMENT
METHOD IS IN THE BEST INTEREST OF THE STATE; CAN BE APPLIED ON A COMPET-
ITIVE, FAIR AND EQUITABLE BASIS; AND UTILIZES AN APPROPRIATE EVALUATION
METHODOLOGY THAT CONSIDERS BOTH COST AND QUALITATIVE EVALUATION FACTORS.
B. WHEN USING AN ALTERNATIVE PROCUREMENT METHOD AUTHORIZED BY THIS
SUBDIVISION, THE COMMISSIONER OR AGENCY SHALL INCLUDE IN ITS SOLICITA-
TION A DETAILED DESCRIPTION OF THE PROPOSED METHOD OF AWARD. IN ADVANCE
OF THE INITIAL RECEIPT OF OFFERS OR BIDS, THE COMMISSIONER OR STATE
AGENCY SHALL DETERMINE AND DOCUMENT IN THE PROCUREMENT RECORD THE EVALU-
ATION CRITERIA AND PROCESS TO BE USED IN THE DETERMINATION OF THE
SPECIFIC CONTRACT AWARD AND THE PROCESS BY WHICH THE EVALUATION AND
SELECTION SHALL BE CONDUCTED. IN ADDITION TO THE REQUIREMENTS SET FORTH
IN PARAGRAPH G OF SUBDIVISION NINE OF THIS SECTION, THE PROCUREMENT
RECORD SHALL DOCUMENT THE BASIS UPON WHICH THE AGENCY HAS DETERMINED
THAT POTENTIAL VENDORS WILL BE ABLE TO RESPOND WITH VIABLE BIDS TO SUCH
ALTERNATIVE PROCUREMENT.
C. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FIVE OF SECTION THREE
HUNDRED FIFTY-FIVE OF THE EDUCATION LAW TO THE CONTRARY OR SECTION
SIXTY-TWO HUNDRED EIGHTEEN OF THE EDUCATION LAW, BEFORE ANY CONTRACT
AWARDED UNDER THIS SECTION WHICH EXCEEDS FIFTY THOUSAND DOLLARS IN
AMOUNT BECOMES EFFECTIVE IT MUST BE APPROVED BY THE COMPTROLLER AND
FILED IN HIS OR HER OFFICE.
D. FOR EACH PROCUREMENT AWARDED PURSUANT TO THIS SECTION, THE COMMIS-
SIONER OR STATE AGENCY SHALL SUBMIT TO THE GOVERNOR, THE COMPTROLLER AND
THE HEADS OF THE FISCAL COMMITTEES OF EACH HOUSE OF THE STATE LEGISLA-
TURE NO LATER THAN THE MID-POINT OF THE INITIAL TERM OF THE RESULTANT
CONTRACT A REPORT ASSESSING THE VALIDITY OF THE PROCUREMENT METHOD AND
COMPARING ITS RESULTS TO PROCUREMENT METHODS FOR COMMODITIES AND
SERVICES OR INFORMATION TECHNOLOGY.
S 8. Section 163 of the state finance law is amended by adding a new
subdivision 17 to read as follows:
17. COMPETITIVE NEGOTIATION. A. WHERE THE BASIS OF AWARD IS BEST VALUE
AND AFTER COMPLETING AN INITIAL EVALUATION AND SCORING, A STATE AGENCY
MAY CHOOSE TO EITHER MAKE AN AWARD TO THE BEST VALUE OFFERER PURSUANT TO
SUBDIVISION FOUR OF THIS SECTION OR UNDERTAKE COMPETITIVE NEGOTIATIONS
WITH ALL OFFERERS OF PROPOSALS SUSCEPTIBLE OF BEING SELECTED FOR
CONTRACT AWARD, SO LONG AS THE AGENCY RESERVES THE RIGHT TO CONDUCT SUCH
COMPETITIVE NEGOTIATIONS IN THE SOLICITATION. THE NEGOTIATIONS SHALL BE
CONDUCTED AS PROVIDED IN PARAGRAPH D OF THIS SUBDIVISION.
B. COMPETITIVE NEGOTIATION MAY ONLY BE USED WHERE:
(I) AT LEAST TWO OFFERERS ARE DEEMED SUSCEPTIBLE OF BEING SELECTED FOR
CONTRACT AWARD;
(II) IN THE EVENT THAT THE SOLICITATION INCLUDES OPTIONAL COMPONENTS,
THE SOLICITATION SHALL REQUIRE ALL OFFERERS TO PROVIDE A PROPOSAL FOR
ALL OPTIONS OR OTHERWISE BE DEEMED NONRESPONSIVE; AND
(III) THE AGENCY HAS DETERMINED THAT USE OF COMPETITIVE NEGOTIATION
WILL MAXIMIZE THE AGENCY'S ABILITY TO OBTAIN BEST VALUE, BASED ON THE
AGENCY'S NEED AND THE SPECIFICATIONS SET FORTH IN THE SOLICITATION.
C. THE AGENCY MUST DOCUMENT IN THE PROCUREMENT RECORD AND IN ADVANCE
OF THE INITIAL RECEIPT OF OFFERS:
A. 7513--A 8
(I) THE METHODOLOGY, WHICH SHALL BE QUANTIFIABLE AND BASED ON A
COMPARISON OF THE PROPOSALS' PRICE AND TECHNICAL MERIT, THAT WILL BE
EMPLOYED TO ARRIVE AT A COMPETITIVE RANGE THAT WILL DETERMINE WHICH
PROPOSALS ARE TO BE CONSIDERED SUSCEPTIBLE TO AWARD; AND
(II) A FAIR AND IMPARTIAL NEGOTIATION PROCEDURE, FORMULATED WITH THE
GOAL OF ENSURING SUSTAINED COMPETITION UNTIL AN AWARD IS RENDERED AND
OBTAINING THE BEST VALUE FOR THE STATE.
D. THE AGENCY SHALL CONDUCT WRITTEN OR ORAL NEGOTIATIONS WITH ALL
RESPONSIBLE OFFERERS WHO SUBMIT PROPOSALS IN THE COMPETITIVE RANGE. IN
THE COURSE OF SUCH NEGOTIATIONS, THE AGENCY SHALL:
(I) ADVISE THE OFFERER OF WAYS IN WHICH ITS PROPOSAL MAY BE IMPROVED
SO THAT THE OFFERER IS GIVEN AN OPPORTUNITY TO BETTER MEET THE AGENCY'S
NEEDS;
(II) CLARIFY ANY UNCERTAINTIES, AMBIGUITIES OR NON-MATERIAL DEVIATIONS
IN THE PROPOSAL;
(III) ADVISE THE OFFERER OF ANY TECHNICAL COMPONENTS IN ITS PROPOSAL
THAT MAY NOT BE NECESSARY TO SATISFY THE AGENCY'S REQUIREMENTS AND
REQUEST MODIFICATIONS AS APPROPRIATE;
(IV) PROVIDE THE OFFERER A REASONABLE OPPORTUNITY TO SUBMIT ANY COST,
TECHNICAL OR OTHER REVISIONS TO ITS PROPOSAL IN RESPONSE TO ISSUES IDEN-
TIFIED DURING NEGOTIATIONS; AND
(V) DOCUMENT ANY ORAL NEGOTIATIONS FOR THE PROCUREMENT RECORD.
E. NEGOTIATIONS MAY BE TAILORED TO EACH OFFERER'S PROPOSAL PROVIDED,
HOWEVER, SUCH NEGOTIATIONS SHALL BE CONDUCTED WITH EACH OFFERER WITHIN
THE COMPETITIVE RANGE WITHOUT DISCLOSING INFORMATION CONCERNING ANY
OTHER OFFERERS' PROPOSALS OR THE EVALUATION PROCESS. NEGOTIATIONS SHALL
CULMINATE IN A TECHNICAL SOLUTION FROM EACH OFFERER REMAINING WITHIN THE
COMPETITIVE RANGE THAT IS DEEMED ACCEPTABLE TO MEET THE AGENCY'S NEED AS
SET FORTH IN THE SOLICITATION. AFTER DISCUSSION OF THESE TECHNICAL
SOLUTIONS IS COMPLETED, THE AGENCY SHALL SOLICIT A BEST AND FINAL PRICE
PROPOSAL FROM ALL OFFERERS WITHIN THE COMPETITIVE RANGE. THE BEST AND
FINAL PRICE SOLICITATION SHALL ENSURE THAT ALL OFFERERS ARE AFFORDED AN
EQUAL OPPORTUNITY TO RESPOND WITHIN A SPECIFIED PERIOD OF TIME.
F. WHERE AN AGENCY CHOOSES TO UNDERTAKE COMPETITIVE NEGOTIATIONS
INSTEAD OF MAKING A BEST VALUE AWARD AFTER AN INITIAL EVALUATION AND
SCORING, THE FINAL AWARD SHALL BE MADE TO THE LOWEST RESPONSIBLE OFFERER
AFTER RECEIVING A BEST AND FINAL PRICE ON A REVISED ACCEPTABLE PROPOSAL.
S 9. Subdivision 9 of section 163 of the state finance law is amended
by adding a new paragraph c-1 to read as follows:
C-1. WHERE A STATE AGENCY DETERMINES THAT NON-MATERIAL CHANGES TO THE
SPECIFICATIONS AS SET FORTH IN THE SOLICITATION WOULD BE IN THE BEST
INTEREST OF THE STATE AND, WHEN PROVIDED FOR IN THE SOLICITATION, STATE
AGENCIES MAY REQUEST BEST AND FINAL OFFERS, WHICH SHALL BE IN WRITING
AND SOLICITED IN THE SAME MANNER FROM ALL OFFERERS DETERMINED TO BE
SUSCEPTIBLE OF BEING SELECTED FOR CONTRACT AWARD, WITH THE INTENT OF
ALLOWING AN OFFERER TO REVISE ITS COST; PROVIDED, HOWEVER, THAT A STATE
AGENCY MAY NOT MAKE A MODIFICATION TO THE SOLICITATION IF SUCH MODIFICA-
TION WOULD PREJUDICE ANY BIDDER OR POTENTIAL BIDDER AND, PROVIDED
FURTHER, THAT NO BEST AND FINAL OFFER MAY BE ACCEPTED OR CONSIDERED BY A
STATE AGENCY UNLESS SUCH BEST AND FINAL OFFER IS SUBMITTED IN RESPONSE
TO A REQUEST BY THE STATE AGENCY.
S 9-a. Paragraph c of subdivision 9 of section 163 of the state
finance law, as amended by chapter 137 of the laws of 2008, is amended
to read as follows:
c. Where provided in the solicitation, state agencies may require
clarification from offerers for purposes of assuring a full understand-
A. 7513--A 9
ing of responsiveness to the solicitation requirements. Where provided
for in the solicitation, revisions may be permitted from all offerers
determined to be susceptible of being selected for contract award, prior
to award. Offerers shall be accorded fair and equal treatment with
respect to their opportunity for discussion and revision of offers. [A
state agency shall, upon request, provide a debriefing to any unsuccess-
ful offerer that responded to a request for proposal or an invitation
for bids, regarding the reasons that the proposal or bid submitted by
the unsuccessful offerer was not selected for an award. The opportunity
for an unsuccessful offerer to seek a debriefing shall be stated in the
solicitation, which shall provide a reasonable time for requesting a
debriefing.]
S 9-b. Subdivision 9 of section 163 of the state finance law is
amended by adding a new paragraph h to read as follows:
H. (I) WITHIN FIFTEEN DAYS OF THE SELECTION OF A SUCCESSFUL OFFEROR BY
A STATE AGENCY AND PRIOR TO THE SUBMISSION FOR APPROVAL OF A CONTRACT TO
THE OFFICE OF THE STATE COMPTROLLER IF THAT CONTRACT IS SUBJECT TO THE
APPROVAL OF THE COMPTROLLER, ALL UNSUCCESSFUL OFFERORS SHALL BE ADVISED
IN WRITING OF THE COMPLETION OF THE SELECTION PROCESS AND THAT THEIR
OFFER WAS NOT SELECTED FOR THIS AWARD. THIS NOTICE SHALL DISCLOSE THE
IDENTITY OF THE SUCCESSFUL OFFEROR.
(II) FOR ANY CONTRACT ESTABLISHED AS A CENTRALIZED CONTRACT BY THE
OFFICE OF GENERAL SERVICES, WITHIN FIFTEEN DAYS OF SELECTION OF THE
SUCCESSFUL OFFEROR BY THE OFFICE OF GENERAL SERVICES, ALL UNSUCCESSFUL
OFFERORS SHALL BE ADVISED OF THE COMPLETION OF THE SELECTION PROCESS AND
THAT THEIR OFFER WAS NOT SELECTED FOR AWARD. THIS NOTICE SHALL DISCLOSE
THE IDENTITY OF THE SUCCESSFUL OFFEROR.
(III) THE OPPORTUNITY FOR AN UNSUCCESSFUL OFFEROR THAT RESPONDED TO A
REQUEST FOR PROPOSALS OR AN INVITATION FOR BIDS TO SEEK A DEBRIEFING
SHALL BE STATED IN THE REQUEST FOR PROPOSALS OR INVITATION FOR BIDS,
WHICH SHALL PROVIDE A REASONABLE TIME FOR REQUESTING A DEBRIEFING.
(IV) THE STATE AGENCY, UPON THE TIMELY REQUEST OF AN UNSUCCESSFUL
OFFEROR, SHALL PROVIDE A REASONABLE OPPORTUNITY FOR A DISCUSSION WITH
AGENCY PERSONNEL WHO WERE INVOLVED IN AND ARE KNOWLEDGEABLE ABOUT THE
PROCUREMENT EVALUATION PROCESS. SUCH DEBRIEFING, SHALL INCLUDE, BUT NEED
NOT BE LIMITED TO: (A) THE REASONS THAT THE PROPOSAL OR BID SUBMITTED BY
THE UNSUCCESSFUL OFFEROR WAS NOT SELECTED FOR AWARD; (B) THE QUALITATIVE
AND QUANTITATIVE ANALYSIS EMPLOYED BY THE AGENCY IN ASSESSING THE RELA-
TIVE MERITS OF THE OFFERS; (C) THE APPLICATION OF EACH OF THE SELECTION
CRITERIA TO THE UNSUCCESSFUL OFFEROR'S PROPOSAL OR BID; AND (D) THE
REASONS FOR THE SELECTION OF THE WINNING PROPOSAL OR BID. SUCH PERSONNEL
SHALL ALSO PROVIDE, TO THE EXTENT PRACTICABLE, ADVICE AND GUIDANCE TO
THE UNSUCCESSFUL OFFEROR CONCERNING METHODS OF IMPROVING PROPOSALS OR
BIDS BY SUCH OFFEROR.
S 10. Subdivision 7 of section 162 of the state finance law, as
amended by chapter 426 of the laws of 2002, is amended to read as
follows:
7. Partnering with preferred sources. The commissioner of the appro-
priate appointing agency as identified in paragraph e of subdivision six
of this section, shall conduct one or more pilot studies whereby a
private vendor may be accorded preferred source status for purposes of
this section. The pilot studies shall seek to ascertain the benefits of
partnerships between private industry and those entities accorded
preferred source status as specified in this section. Preferred source
status under a partnering arrangement may only be accorded when a
proposal to a soliciting agency for commodities or services includes a
A. 7513--A 10
binding agreement with one or more of the entities accorded preferred
source status under this section AND WHERE AT LEAST FIFTY PERCENT OF ALL
LABOR INVOLVED IN DELIVERING SERVICES OR COMMODITIES TO THE STATE BY THE
PRIVATE VENDOR IS BEING PROVIDED DIRECTLY BY THE INDIVIDUALS OF THE
CLASS OF PREFERRED SOURCE INCLUDING, BUT NOT LIMITED TO, INMATES, THE
DISABLED, VETERANS AND THE BLIND. PRIVATE VENDOR OPPORTUNITIES FOR
PREFERRED SOURCES SHALL BE COMPETITIVELY AWARDED AND THE PROCUREMENT
SUMMARY, VENDOR RESPONSIBILITY SUMMARY AND CONTRACT AGREEMENT SHALL BE
BROUGHT BEFORE THE PROCUREMENT COUNCIL FOR REVIEW. THE STATE SHALL NOT
ACCESS THE SERVICES OF SUCH PRIVATE VENDOR UNLESS A MAJORITY OF THE
COUNCIL APPROVES. The binding agreement shall provide that:
(i) The preferred source shall perform the majority of the work neces-
sary to such offering, and
(ii) The partnering proposal includes bona fide long term employment
opportunities for persons who could otherwise be new clients of an enti-
ty previously accorded preferred source status herein, and
(iii) The partnering proposal offers the solicited services or commod-
ities at a price less than the price that otherwise would be charged by
a preferred source.
S 11. Paragraph b of subdivision 3 of section 162 of the state finance
law, as amended by section 164 of subpart B of part C of chapter 62 of
the laws of 2011, is amended to read as follows:
b. After January first, nineteen hundred ninety-six, upon the applica-
tion of the commissioner of corrections and community supervision, the
commissioner of the office of children and family services, the office
of temporary and disability assistance, the commissioner of mental
health or the commissioner of education, or a non-profit-making facili-
tating agency designated by one of the said commissioners pursuant to
paragraph e of subdivision six of this section, the state procurement
council may recommend that the commissioner: (i) add commodities or
services to, or (ii) in order to insure that such list reflects current
production and/or availability of commodities and services, delete at
the request of a preferred source, commodities or services from, the
list established by paragraph a of this subdivision. The council may
make a non-binding recommendation to the relevant preferred source to
delete a commodity or service from such list. Additions may be made only
for new services or commodities, or for services or commodities that are
substantially different from those reflected on said list for that
provider. The decision to recommend the addition of services or commod-
ities shall be based upon a review of relevant factors as determined by
the council including costs and benefits to be derived from such addi-
tion and shall include an analysis by the office of general services
conducted pursuant to subdivision six of this section; PROVIDED, HOWEV-
ER, THAT THE PROCUREMENT COUNCIL SHALL NOT RECOMMEND TO THE COMMISSIONER
ANY APPLICATION THAT DOES NOT INCLUDE AT LEAST FIFTY PERCENT OF ALL
LABOR INVOLVED IN DELIVERING SERVICES OR COMMODITIES TO THE STATE BEING
PROVIDED DIRECTLY BY THE INDIVIDUALS OF THE CLASS OF PREFERRED SOURCE
INCLUDING, BUT NOT LIMITED TO, INMATES, THE DISABLED, VETERANS AND THE
BLIND. Unless the state procurement council shall make a recommendation
to the commissioner on any such application within one hundred twenty
days of receipt thereof, such application shall be deemed recommended.
In the event that the state procurement council shall deny any such
application, the commissioner or non-profit-making agency which submit-
ted such application may, within thirty days of such denial, appeal such
denial to the commissioner of general services who shall review all
materials submitted to the state procurement council with respect to
A. 7513--A 11
such application and who may request such further information or materi-
al as is deemed necessary. Within sixty days of receipt of all informa-
tion or materials deemed necessary, the commissioner shall render a
written final decision on the application which shall be binding upon
the applicant and upon the state procurement council.
S 12. Subdivisions 1 and 2 of section 137 of the state finance law,
subdivision 1 as separately amended by section 17 of part MM of chapter
57 and chapter 619 of the laws of 2008 and subdivision 2 as amended by
chapter 137 of the laws of 1985, are amended to read as follows:
1. (A) In addition to other bond or bonds, if any, required by law for
the completion of a work specified in a contract for the prosecution of
a public improvement for the state of New York a municipal corporation,
a public benefit corporation or a commission appointed pursuant to law,
or in the absence of any such requirement, the comptroller may or the
other appropriate official, respectively, shall nevertheless require
prior to the approval of any such contract a bond guaranteeing prompt
payment of moneys due to all persons furnishing labor or materials to
the contractor or any subcontractors in the prosecution of the work
provided for in such contract. Whenever a municipal corporation issues a
permit subject to compliance with section two hundred twenty of the
labor law, such permittee or its contractor or subcontractors furnishing
workers shall post a payment bond subject to this section. [Provided,
however, that]
(B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION,
all performance bonds and payment bonds may, at the discretion of the
head of the state agency, public benefit corporation or commission, or
his or her designee, be dispensed with for the completion of a work
specified in a contract for the prosecution of a public improvement for
the state of New York for which bids are solicited where the aggregate
amount of the contract is under [one] FIVE hundred thousand dollars
[and]; provided [further], that in a case where the contract is not
subject to the multiple contract award requirements of section one
hundred thirty-five of this article, such requirements may be dispensed
with where the head of the state agency, public benefit corporation or
commission finds it to be in the public interest and where the aggregate
amount of the contract awarded or to be awarded is less than two hundred
thousand dollars. Provided further, that in a case where a performance
or payment bond is dispensed with, twenty per centum may be retained
from each progress payment or estimate until the entire contract work
has been completed and accepted, at which time the head of the state
agency, public benefit corporation or commission shall, pending the
payment of the final estimate, pay not to exceed seventy-five per centum
of the amount of the retained percentage. THE PROVISIONS OF THIS PARA-
GRAPH SHALL NOT APPLY TO ANY PERFORMANCE BONDS REQUIRED IN CONNECTION
WITH A MAJOR INSTALLATION PURSUANT TO PARAGRAPH D OF SUBDIVISION TEN OF
SECTION ONE HUNDRED SIXTY-THREE OF THIS CHAPTER. FOR THE PURPOSES OF
THIS PARAGRAPH "MAJOR INSTALLATION" SHALL HAVE THE SAME MEANING AS
PROVIDED IN SECTION ONE HUNDRED SIXTY-THREE OF THIS CHAPTER.
2. A copy of such payment bond shall be kept in the office of the head
of the department or bureau having charge of the public improvement in
connection with which the bond was given and a copy shall also be kept
in the office of the comptroller [or other appropriate official]; such
copies shall be open to public inspection.
S 13. Subdivision 1 of section 163 of the state finance law is amended
by adding a new paragraph l to read as follows:
A. 7513--A 12
L. "MAJOR INSTALLATION" MEANS ANY PROJECT REQUIRING BUILDING
CONSTRUCTION OR SITE WORK OR AN INSTALLATION WHERE THE TOTAL CHARACTER
OF THE WORK IS NOT CONSTRUCTION BUT INSTEAD THE PURCHASE, PURSUANT TO
THIS SECTION, AND INSTALLATION OF A LARGE PIECE OF EQUIPMENT WHERE THE
VALUE OF SUCH PURCHASE IS ONE MILLION DOLLARS OR MORE.
S 14. Paragraph d of subdivision 10 of section 163 of the state
finance law, as added by chapter 83 of the laws of 1995, is amended to
read as follows:
d. It shall be in the discretion of the commissioner or state agency
to require a bond or other guarantee of performance, and to approve the
amount, form and sufficiency thereof; PROVIDED, HOWEVER, THAT IN THE
CASE OF A MAJOR INSTALLATION, SUCH BOND OR GUARANTEE OF PERFORMANCE
SHALL BE REQUIRED, AND THE COMMISSIONER OR STATE AGENCY MAY, IN ITS
DISCRETION, REQUIRE A BOND GUARANTEEING THE PROMPT PAYMENT OF MONEYS AS
SET FORTH IN PARAGRAPH A OF SUBDIVISION ONE OF SECTION ONE HUNDRED THIR-
TY-SEVEN OF THIS CHAPTER.
S 15. Paragraph e of subdivision 10 of section 163 of the state
finance law, as amended by chapter 137 of the laws of 2008, is amended
to read as follows:
e. The commissioner may authorize purchases required by state agencies
or other authorized purchasers by letting a contract pursuant to a writ-
ten agreement, or by approving the use of a contract let by any depart-
ment, agency or instrumentality of the United States government and/or
any department, agency, office, political subdivision or instrumentality
of any state or states. A state agency purchaser shall document in the
procurement record its rationale for the use of a contract let by any
department, agency or instrumentality of the United States government or
any department, agency, office, political subdivision or instrumentality
of any other state or states. Such rationale shall include, but need not
be limited to, a determination of need, a consideration of the procure-
ment method by which the contract was awarded, an analysis of alterna-
tive procurement sources including an explanation why a competitive
procurement or the use of a centralized contract let by the commissioner
is not in the best interest of the state, and the reasonableness of
cost. THE AUTHORITY TO USE A CONTRACT LET BY ANOTHER GOVERNMENTAL ENTITY
PURSUANT TO THIS PARAGRAPH IS INTENDED TO BENEFIT THE STATE BY USING
CONTRACTS IN PLACE THAT PROVIDE FOR THE SAME SERVICE OR COMMODITY SOUGHT
BY A STATE AGENCY AT A PRICE DETERMINED TO BE REASONABLE BY THE STATE
AGENCY. SUCH CONTRACTS ARE NOT INTENDED TO BE USED PRIMARILY TO AVOID
COMPETITIVE BIDDING. USE OF MULTIPLE AWARD CONTRACTS PURSUANT TO THIS
PARAGRAPH SHALL FOLLOW THE SAME BASIS OF SELECTION AMONG THE MULTIPLE
AWARDEES AS WAS PRESCRIBED BY THE ORIGINAL CONTRACTING GOVERNMENTAL
ENTITY.
S 16. Subdivision 15 of section 163 of the state finance law is
amended by adding a new paragraph d to read as follows:
D. IN ADDITION TO OTHER REPORTS REQUIRED BY THIS SUBDIVISION, THE
COMMISSIONER OF GENERAL SERVICES SHALL PREPARE A REPORT ON THE SAVINGS
ACHIEVED FROM ALL CONTRACTS ESTABLISHED AS A CENTRALIZED CONTRACT
THROUGH THE OFFICE OF GENERAL SERVICES PURSUANT TO THIS SECTION, THE
IMPACT OF SUCH CONTRACTS ON SMALL, MINORITY AND WOMEN-OWNED AND
SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISES, AND THE EFFECTIVE-
NESS OF SUCH CONTRACTS IN FULFILLING THE PURCHASING NEEDS OF ALL AUTHOR-
IZED USERS OF SUCH CONTRACTS. SUCH REPORT SHALL BE SUBMITTED BY SUCH
COMMISSIONER TO THE GOVERNOR, THE STATE COMPTROLLER, AND THE HEADS OF
THE FISCAL COMMITTEES OF EACH HOUSE OF THE STATE LEGISLATURE NO LATER
A. 7513--A 13
THAN JANUARY FIFTEENTH, TWO THOUSAND SIXTEEN, AND THEREAFTER ANNUALLY ON
OR BEFORE SUCH DATE.
S 17. Subdivision 3 of section 112 of the state finance law, as
amended by chapter 319 of the laws of 1992, is amended to read as
follows:
3. A contract or other instrument wherein the state or any of its
officers, agencies, boards or commissions agrees to give a consideration
other than the payment of money, when the value or reasonably estimated
value of such consideration exceeds [ten] TWENTY-FIVE thousand dollars,
shall not become a valid enforceable contract unless such contract or
other instrument shall first be approved by the comptroller and filed in
his office. FOR PURPOSES OF THIS SUBDIVISION, WHERE CONSIDERATION CANNOT
BE DETERMINED IN TERMS OF MONETARY VALUE, IT SHALL BE VALUED IN TERMS OF
INTRINSIC VALUE.
S 18. Section 350 of the education law is amended by adding a new
subdivision 14 to read as follows:
14. "CONSTRUCTION RELATED SERVICES" MEANS STUDIES, SURVEYS,
CONSTRUCTION MANAGEMENT, CONSTRUCTION INSPECTION, EXCAVATION AND SIMILAR
EFFORTS ASSOCIATED WITH CONSTRUCTION OR THE ACQUISITION OF PUBLIC WORKS.
S 19. This act shall take effect immediately; provided, however,
section two of this act shall take effect on the one hundred eightieth
day after it shall have become a law; provided, further, however, that
the provisions of sections one, five, seven, eight, nine, nine-a,
nine-b, thirteen, fourteen, fifteen and sixteen of this act shall apply
to any procurement initiated on or after such date; provided, further
however, that the amendments to section 163 of the state finance law
made by sections one, five, seven, eight, nine, nine-a, nine-b, thir-
teen, fourteen, fifteen and sixteen of this act shall not affect the
repeal of such section as provided in subdivision 5 of section 362 of
chapter 83 of the laws of 1995, as amended, and shall be deemed repealed
therewith.