Bill Text: NY A08096 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to program procurements; clarifies the definition of services; allows the comptroller to excuse non-material deviations in procurement procedures and allows for pilot procurement methods.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-13 - enacting clause stricken [A08096 Detail]
Download: New_York-2011-A08096-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 8096 2011-2012 Regular Sessions I N A S S E M B L Y June 1, 2011 ___________ Introduced by M. of A. GLICK -- (at request of the State Comptroller) -- read once and referred to the Committee on Governmental Operations AN ACT to amend the state finance law, in relation to program procure- ments, clarifying the definition of services, allowing the state comp- troller to excuse non-material deviations in procurement procedures and allowing for pilot procurement methods THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The state finance law is amended by adding a new article 2 11-C to read as follows: 3 ARTICLE XI-C 4 PROGRAM PROCUREMENTS 5 SECTION 179-FF. DEFINITIONS. 6 179-GG. PROGRAM PROCUREMENTS. 7 179-HH. REQUEST FOR EXEMPTION. 8 179-II. PROGRAM PROCUREMENT PROCESS. 9 S 179-FF. DEFINITIONS. AS USED IN THIS ARTICLE THE FOLLOWING TERMS 10 SHALL HAVE THE FOLLOWING MEANINGS UNLESS OTHERWISE SPECIFIED: 11 1. "COSTS" SHALL BE QUANTIFIABLE AND MAY INCLUDE, WITHOUT LIMITATION, 12 THE PRICE OF PROVIDING THE GIVEN GOOD OR SERVICE AND THE ADMINISTRATIVE, 13 TRAINING, STORAGE, MAINTENANCE OR OTHER OVERHEAD EXPENSE ASSOCIATED WITH 14 A GIVEN GOOD OR SERVICE. 15 2. "EMERGENCY" MEANS AN URGENT AND UNEXPECTED REQUIREMENT WHERE PUBLIC 16 HEALTH, SAFETY, OR WELFARE OR THE CONSERVATION OF PUBLIC RESOURCES IS AT 17 RISK. 18 3. "PRICE" MEANS THE AMOUNT OF MONEY SET AS CONSIDERATION FOR A GOOD 19 OR SERVICE AND MAY INCLUDE WHEN APPLICABLE AND WHEN SPECIFIED IN THE 20 PROPOSAL/APPLICATION, DELIVERY CHARGES, INSTALLATION CHARGES AND OTHER 21 COSTS. 22 4. "PROCUREMENT RECORD" MEANS DOCUMENTATION OF THE DECISIONS MADE AND 23 THE APPROACH TAKEN IN THE PROCUREMENT PROCESS. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10876-03-1 A. 8096 2 1 5. "PROGRAM" MEANS A PROVISION OF LAW AUTHORIZING A STATE AGENCY TO 2 UNDERTAKE ACTIVITIES THAT ARE TO BE ACCOMPLISHED IN WHOLE OR IN PART 3 THROUGH CONTRACTS WITH CERTAIN ENTITIES INCLUDING, BUT NOT LIMITED TO, 4 NOT-FOR-PROFIT ORGANIZATIONS, FOR-PROFIT ORGANIZATIONS, MUNICIPALITIES 5 OR ANY COMBINATION THEREOF. 6 6. "PROGRAM PROCUREMENT" MEANS A PROCUREMENT WHICH: 7 A. IS UNDERTAKEN FOR A BROAD PUBLIC PURPOSE AUTHORIZED BY LAW AND NOT 8 UNDERTAKEN BY A STATE AGENCY PRIMARILY TO OBTAIN COMMODITIES, SERVICES 9 OR TECHNOLOGY FOR SUCH AGENCY; AND 10 B. IS INTENDED TO BENEFIT A COMMUNITY OR A PORTION OF A COMMUNITY; AND 11 C. IS ACCOMPLISHED IN WHOLE OR IN PART THROUGH A CONTRACT OR CONTRACTS 12 WITH AN ASSOCIATION, PARTNERSHIP, JOINT VENTURE, FIRM, COMPANY, CORPO- 13 RATION, PUBLIC CORPORATION, NOT-FOR-PROFIT ORGANIZATION OR A COMBINATION 14 OF SUCH ENTITIES; AND 15 D. HAS BEEN GRANTED AN EXEMPTION PURSUANT TO THE PROVISIONS OF SECTION 16 ONE HUNDRED SEVENTY-NINE-HH OF THIS ARTICLE WHERE SUCH EXEMPTION IS 17 REQUIRED BY SECTION ONE HUNDRED SEVENTY-NINE-GG OF THIS ARTICLE. 18 A PROGRAM PROCUREMENT PROVIDES THE PROPOSER OR APPLICANT WITH WIDE 19 DISCRETION AND LATITUDE IN THE MANNER IN WHICH THE PURPOSE IS TO BE 20 ACCOMPLISHED WITH FEW SPECIFIC LIMITATIONS ON THE SCOPE OF THE PROPOSAL 21 OR APPLICATION. 22 7. "PUBLIC CORPORATION" MEANS A CITY, TOWN, VILLAGE, SCHOOL DISTRICT, 23 A DISTRICT CORPORATION OR A PUBLIC BENEFIT CORPORATION AS THOSE TERMS 24 ARE DEFINED IN SECTION SIXTY-SIX OF THE GENERAL CONSTRUCTION LAW. 25 8. "RESPONSIBLE" OR "RESPONSIBILITY" MEANS THE FINANCIAL ABILITY, 26 LEGAL CAPACITY, INTEGRITY, AND PAST PERFORMANCE OF A BUSINESS ENTITY AND 27 AS SUCH TERMS HAVE BEEN INTERPRETED RELATIVE TO PUBLIC PROCUREMENTS. 28 9. "RESPONSIVE" MEANS A PROPOSER OR APPLICANT MEETING THE MINIMUM 29 SPECIFICATIONS OR REQUIREMENTS AS PRESCRIBED IN A SOLICITATION ISSUED BY 30 A STATE AGENCY. 31 10. "SINGLE SOURCE" MEANS A PROGRAM PROCUREMENT IN WHICH ALTHOUGH TWO 32 OR MORE PROPOSERS OR APPLICANTS CAN SUPPLY THE REQUIRED GOODS OR 33 SERVICES, THE STATE AGENCY, UPON WRITTEN FINDINGS SETTING FORTH THE 34 MATERIAL AND SUBSTANTIAL REASONS THEREFOR, MAY AWARD THE CONTRACT TO ONE 35 PROPOSER OR APPLICANT OVER ANOTHER. THE STATE AGENCY SHALL DOCUMENT IN 36 THE PROCUREMENT RECORD THE CIRCUMSTANCES LEADING TO THE SELECTION OF THE 37 PROPOSER OR APPLICANT, INCLUDING THE ALTERNATIVES CONSIDERED, THE 38 RATIONALE FOR SELECTING THE SPECIFIC PROPOSER OR APPLICANT AND THE BASIS 39 UPON WHICH THE STATE AGENCY DETERMINED THAT THE COST WAS REASONABLE. 40 11. "SOLICITATION DOCUMENT" MEANS THE DOCUMENT ISSUED BY A STATE AGEN- 41 CY NOTIFYING PROSPECTIVE PROPOSERS OR APPLICANTS THAT THE STATE AGENCY 42 WISHES TO RECEIVE PROPOSALS OR APPLICATIONS FOR PROVIDING GOODS OR 43 SERVICES. 44 12. "SOLE SOURCE" MEANS A PROGRAM PROCUREMENT IN WHICH ONLY ONE PROPO- 45 SER OR APPLICANT IS CAPABLE OF SUPPLYING THE REQUIRED GOODS OR SERVICES. 46 13. "SPECIFICATION" OR "REQUIREMENT" MEANS ANY DESCRIPTION OF THE 47 PHYSICAL OR FUNCTIONAL CHARACTERISTICS OR THE NATURE OF A GOOD OR 48 SERVICE, ANY DESCRIPTION OF THE SERVICES TO BE PERFORMED, THE GOODS OR 49 SERVICES TO BE PROVIDED, THE NECESSARY QUALIFICATIONS OF THE PROPOSER OR 50 APPLICANT, THE CAPACITY AND CAPABILITY OF THE PROPOSER OR APPLICANT TO 51 COMPLETE THE PROPOSED CONTRACT SUCCESSFULLY, OR THE PROCESS FOR ACHIEV- 52 ING SPECIFIC RESULTS OR ANTICIPATED OUTCOMES, OR BOTH, OR ANY OTHER 53 REQUIREMENT NECESSARY TO PERFORM THE WORK. IT MAY INCLUDE A DESCRIPTION 54 OF ANY OBLIGATORY TESTING, INSPECTION OR PREPARATION FOR DELIVERY AND 55 USE, AND MAY INCLUDE FEDERALLY REQUIRED PROVISIONS AND CONDITIONS WHERE 56 THE ELIGIBILITY FOR FEDERAL FUNDS IS CONDITIONED UPON THE INCLUSION OF A. 8096 3 1 SUCH FEDERALLY REQUIRED PROVISIONS AND CONDITIONS. SPECIFICATIONS SHALL 2 BE DESIGNED TO ENHANCE COMPETITION. 3 14. "STATE AGENCY" OR "STATE AGENCIES" MEANS ALL STATE DEPARTMENTS, 4 BOARDS, COMMISSIONS, OFFICES OR INSTITUTIONS BUT EXCLUDES, HOWEVER, FOR 5 THE PURPOSES OF SUBDIVISION FIVE OF SECTION THREE HUNDRED FIFTY-FIVE OF 6 THE EDUCATION LAW, THE STATE UNIVERSITY OF NEW YORK, AND EXCLUDES, FOR 7 THE PURPOSES OF SUBDIVISION A OF SECTION SIXTY-TWO HUNDRED EIGHTEEN OF 8 THE EDUCATION LAW, THE CITY UNIVERSITY OF NEW YORK. FURTHERMORE, SUCH 9 TERM SHALL NOT INCLUDE THE LEGISLATURE OR THE JUDICIARY. 10 S 179-GG. PROGRAM PROCUREMENTS. THE PROGRAM PROCUREMENT PROCESS SET 11 FORTH IN THIS ARTICLE, RATHER THAN THE REQUIREMENTS OF ARTICLE ELEVEN OF 12 THIS CHAPTER, SHALL APPLY TO: 13 1. PROGRAM PROCUREMENTS OPEN ONLY TO NOT-FOR-PROFIT ORGANIZATIONS OR 14 PUBLIC CORPORATIONS OR BOTH, AND 15 2. THOSE PROGRAM PROCUREMENTS OPEN TO PROFIT-SEEKING ENTITIES WHERE 16 THE STATE AGENCY HAS OBTAINED FROM THE STATE COMPTROLLER, IN ACCORDANCE 17 WITH SECTION ONE HUNDRED SEVENTY-NINE-HH OF THIS ARTICLE, AN EXEMPTION 18 FROM THE REQUIREMENTS OF ARTICLE ELEVEN OF THIS CHAPTER. 19 S 179-HH. REQUEST FOR EXEMPTION. BEFORE THE ISSUANCE OF A SOLICITATION 20 DOCUMENT, A STATE AGENCY CONDUCTING A PROCUREMENT OPEN TO PROFIT-SEEKING 21 ENTITIES WHICH THE STATE AGENCY BELIEVES FALLS WITHIN THE MEANING OF A 22 PROGRAM PROCUREMENT, AS DEFINED IN THIS ARTICLE, SHALL MAKE A WRITTEN 23 REQUEST TO THE STATE COMPTROLLER FOR AN EXEMPTION FROM THE REQUIREMENTS 24 OF ARTICLE ELEVEN OF THIS CHAPTER. THE STATE COMPTROLLER SHALL MAKE A 25 WRITTEN DETERMINATION AS TO WHETHER THE PROPOSED PROCUREMENT FALLS WITH- 26 IN THE DEFINITION OF A PROGRAM PROCUREMENT AS SET FORTH IN SECTION ONE 27 HUNDRED SEVENTY-NINE-FF OF THIS ARTICLE AND IS IN THE BEST INTEREST OF 28 THE STATE, AND SHALL EITHER GRANT OR DENY THE EXEMPTION ON THE BASIS OF 29 SUCH DETERMINATION. IF THE STATE COMPTROLLER GRANTS A STATE AGENCY AN 30 EXEMPTION FROM THE REQUIREMENTS OF ARTICLE ELEVEN OF THIS CHAPTER, THE 31 PROGRAM PROCUREMENT SHALL BE CONDUCTED IN ACCORDANCE WITH THE REQUIRE- 32 MENTS OF THIS ARTICLE. 33 S 179-II. PROGRAM PROCUREMENT PROCESS. 1. METHOD OF PROCUREMENT. THE 34 STATE AGENCY SHALL DOCUMENT IN THE PROCUREMENT RECORD AND IN ADVANCE OF 35 THE INITIAL RECEIPT OF PROPOSALS/APPLICATIONS THE DETERMINATION OF THE 36 EVALUATION CRITERIA AND THE PROCESS TO BE USED IN THE DETERMINATION OF 37 AWARD OR FUNDING, AND THE MANNER IN WHICH THE EVALUATION AND SELECTION 38 SHALL BE CONDUCTED. 39 2. PUBLIC NOTICE. ALL PROGRAM PROCUREMENTS BY STATE AGENCIES OR AN 40 AWARD OR FUNDING IN EXCESS OF FIFTEEN THOUSAND DOLLARS SHALL BE ADVER- 41 TISED IN THE STATE'S PROCUREMENT OPPORTUNITIES NEWSLETTER IN ACCORDANCE 42 WITH ARTICLE FOUR-C OF THE ECONOMIC DEVELOPMENT LAW. 43 3. SOLICITING AND ACCEPTING PROPOSALS OR APPLICATIONS. A SOLICITATION 44 DOCUMENT ISSUED BY A STATE AGENCY SHALL PRESCRIBE THE MINIMUM SPECIFICA- 45 TIONS OR REQUIREMENTS THAT MUST BE MET TO BE CONSIDERED RESPONSIVE AND 46 SHALL DESCRIBE AND DISCLOSE THE GENERAL MANNER IN WHICH THE EVALUATION 47 AND SELECTION SHALL BE CONDUCTED. WHERE APPROPRIATE, THE SOLICITATION 48 DOCUMENT SHALL IDENTIFY THE RELATIVE IMPORTANCE OR WEIGHT OF COST AND 49 THE OVERALL TECHNICAL CRITERIA TO BE CONSIDERED BY A STATE AGENCY IN 50 MAKING A PROGRAM PROCUREMENT DETERMINATION. 51 4. SELECTION AND CONTRACT AWARD. A. SELECTION AND CONTRACT AWARD SHALL 52 BE CONSISTENT WITH: (I) THE TERMS OF THE SOLICITATION DOCUMENT ISSUED BY 53 THE STATE AGENCY; AND (II) THE CONTRACT AWARD METHODOLOGY SET FORTH IN 54 THE PROCUREMENT RECORD BEFORE THE INITIAL RECEIPT OF PROPOSALS OR APPLI- 55 CATIONS. A. 8096 4 1 B. PROGRAM PROCUREMENT AWARDS SHALL BE MADE TO A PROPOSER OR APPLICANT 2 ON THE BASIS OF TECHNICAL MERIT WITH THE CONSIDERATION GIVEN TO THE 3 REASONABLENESS OF COSTS. THE CONTRACT AWARD OR AWARDS OR FUNDING SHALL 4 BE ALLOCATED TO THE HIGHEST RANKED PROPOSAL OR PROPOSALS. NOTHING IN 5 THIS SECTION, HOWEVER, SHALL BE DEEMED TO PROHIBIT A STATE AGENCY FROM 6 EVALUATING COST SEPARATELY IN ITS SELECTION AND CONTRACT AWARD. 7 C. A PROCUREMENT RECORD SHALL BE MAINTAINED FOR EACH PROGRAM PROCURE- 8 MENT IDENTIFYING, WITH SUPPORTING DOCUMENTATION, DECISIONS MADE BY THE 9 STATE AGENCY DURING THE PROCUREMENT PROCESS. 10 D. SELECTION AND CONTRACT AWARD SHALL BE A WRITTEN DETERMINATION IN 11 THE PROCUREMENT RECORD MADE BY THE STATE AGENCY. 12 E. PRIOR TO MAKING A PROGRAM PROCUREMENT AWARD, THE STATE AGENCY SHALL 13 MAKE A DETERMINATION OF THE RESPONSIBILITY OF THE PROPOSER OR APPLICANT. 14 5. REDUCTION OF AWARD. A STATE AGENCY MAY REDUCE THE MONETARY AMOUNT 15 OF THE AWARDS MADE UNDER A PROGRAM PROCUREMENT IF THE STATE AGENCY 16 RESERVES THE RIGHT TO MAKE SUCH A REDUCTION IN THE SOLICITATION DOCUMENT 17 AND SUCH REDUCTION IS CONSISTENT WITH A PREDEFINED METHODOLOGY SET FORTH 18 IN THE PROCUREMENT RECORD PRIOR TO THE RECEIPT OF INITIAL PROPOSALS OR 19 APPLICATIONS. 20 6. DISCRETIONARY PROGRAM PROCUREMENT AWARDS. A STATE AGENCY MAY MAKE A 21 PROGRAM PROCUREMENT AWARD IN AN AMOUNT NOT EXCEEDING FIFTY THOUSAND 22 DOLLARS WITHOUT A FORMAL COMPETITIVE PROCESS. THE STATE AGENCY SHALL, 23 HOWEVER, DOCUMENT THAT THE AMOUNT OF THE AWARD OR FUNDING IS REASONABLE. 24 7. CONTRACT AWARDS. A. CONTRACT AWARDS SHALL BE MADE ON THE BASIS OF 25 HIGHEST RANK IN ACCORDANCE WITH THE SELECTION AND AWARD METHODOLOGY 26 ESTABLISHED IN ACCORDANCE WITH THE PROGRAM REQUIREMENTS SET FORTH BY 27 EACH AGENCY FOR SUCH PROGRAM. 28 B. SINGLE OR SOLE SOURCE CONTRACT AWARDS, OR CONTRACT AWARDS MADE TO 29 MEET EMERGENCIES ARISING FROM UNFORESEEN CAUSES, MAY BE MADE WITHOUT A 30 FORMAL COMPETITIVE PROCESS AND SHALL ONLY BE MADE UNDER UNUSUAL CIRCUM- 31 STANCES AND SHALL BE BASED UPON A DETERMINATION BY THE STATE AGENCY THAT 32 THE SPECIFICATIONS OR REQUIREMENTS FOR SUCH AWARD HAVE BEEN DESIGNED IN 33 A FAIR AND EQUITABLE MANNER. THE STATE AGENCY SHALL DOCUMENT IN THE 34 PROCUREMENT RECORD, SUBJECT TO REVIEW BY THE STATE COMPTROLLER, THE 35 BASIS FOR A DETERMINATION TO MAKE AN AWARD TO A SINGLE SOURCE OR SOLE 36 SOURCE, OR THE NATURE OF THE EMERGENCY GIVING RISE TO THE AWARD. 37 8. CONTRACTS. ANY CONTRACT RESULTING FROM A PROGRAM PROCUREMENT 38 AWARDED PURSUANT TO THE PROVISIONS OF THIS ARTICLE THAT INCLUDES FUNDING 39 FOR COMMODITIES OR CONSTRUCTION SERVICES IN EXCESS OF FIFTY THOUSAND 40 DOLLARS SHALL INCLUDE CONTRACT LANGUAGE REQUIRING THE CONTRACTOR TO 41 ACQUIRE SUCH COMMODITIES AND/OR CONSTRUCTION SERVICES PURSUANT TO A 42 COMPETITIVE BIDDING PROCESS. 43 9. REVIEW BY THE OFFICE OF THE STATE COMPTROLLER. REVIEW BY THE OFFICE 44 OF THE STATE COMPTROLLER SHALL BE IN ACCORDANCE WITH SECTION ONE HUNDRED 45 TWELVE OF THIS CHAPTER. 46 S 2. Subdivision 7 of section 160 of the state finance law, as added 47 by chapter 83 of the laws of 1995, is amended to read as follows: 48 7. "Service" or "services" means, except with respect to contracts for 49 state printing, the performance of a task or tasks and may include a 50 material good or a quantity of material goods, and which is the subject 51 of any purchase or other exchange. For the purposes of this article, 52 technology shall be deemed a service. Services, as defined in this arti- 53 cle, shall not apply to those contracts for (I) architectural, engineer- 54 ing or surveying services, [or those contracts approved in accordance 55 with] (II) SERVICES PROVIDED BY A NOT-FOR-PROFIT ORGANIZATION IN ACCORD- 56 ANCE WITH THE PROVISIONS OF article eleven-B of this chapter, OR (III) A. 8096 5 1 SERVICES OBTAINED THROUGH PROGRAM PROCUREMENTS IN ACCORDANCE WITH ARTI- 2 CLE ELEVEN-C OF THIS CHAPTER. 3 S 3. Subdivision 12 of section 163 of the state finance law, as added 4 by chapter 83 of the laws of 1995, is amended to read as follows: 5 12. Review by the office of the state comptroller. Review by the 6 office of the state comptroller shall be in accordance with section one 7 hundred twelve of this chapter. WHERE THE CONTRACTING AGENCY HAS NOT 8 COMPLIED WITH ONE OR MORE PROVISIONS OF THIS ARTICLE, THE COMPTROLLER 9 MAY APPROVE THE AWARDED CONTRACT IF: 10 A. THE CONTRACTING AGENCY DETERMINES AND CERTIFIES, BASED UPON A 11 PREPONDERANCE OF THE EVIDENCE DOCUMENTED IN THE PROCUREMENT RECORD, THAT 12 THE NONCOMPLIANCE DID NOT PREJUDICE OR FAVOR ANY VENDOR OR POTENTIAL 13 VENDOR AND THAT A NEW PROCUREMENT WOULD NOT BE IN THE BEST INTEREST OF 14 THE STATE; AND 15 B. THE STATE COMPTROLLER CONCURS IN SUCH DETERMINATION. 16 S 4. Section 163 of the state finance law is amended by adding a new 17 subdivision 13-a to read as follows: 18 13-A. PILOT PROCUREMENT PROJECTS. A. WHEN THE COMMISSIONER OR A STATE 19 AGENCY DEVELOPS A PROCUREMENT METHOD NOT AUTHORIZED BY THIS ARTICLE, THE 20 COMMISSIONER OR STATE AGENCY IS HEREBY AUTHORIZED TO USE SUCH METHOD ON 21 A LIMITED BASIS FOR A SPECIFIC CONTRACT AWARD IF: (I) THE COMMISSIONER 22 OR STATE AGENCY HAS MADE A DETERMINATION, DOCUMENTED IN THE PROCUREMENT 23 RECORD, THAT SUCH A PILOT PROCUREMENT METHOD WOULD BETTER SERVE THE 24 INTEREST OF THE STATE THAN OTHER METHODS CURRENTLY AVAILABLE UNDER THIS 25 SECTION; AND (II) THE PILOT PROCUREMENT METHOD IS APPLICABLE ON A FAIR 26 AND EQUITABLE BASIS. 27 B. WHEN USING A PROCUREMENT METHOD AUTHORIZED BY PARAGRAPH A OF THIS 28 SUBDIVISION, THE COMMISSIONER OR STATE AGENCY SHALL DOCUMENT, IN THE 29 PROCUREMENT RECORD AND IN ADVANCE OF THE INITIAL RECEIPT OF OFFERS, THE 30 DETERMINATION OF THE EVALUATION CRITERIA, WHICH WHENEVER POSSIBLE, SHALL 31 BE QUANTIFIABLE, AND THE PROCESS TO BE USED IN THE DETERMINATION OF THE 32 SPECIFIC CONTRACT AWARD AND THE MANNER IN WHICH THE EVALUATION PROCESS 33 AND SELECTION SHALL BE CONDUCTED. 34 C. PRIOR TO THE COMMENCEMENT OF THE PROCUREMENT, THE COMPTROLLER SHALL 35 AGREE THAT SUCH PROCUREMENT METHOD BETTER SERVES THE INTERESTS OF THE 36 STATE AND CAN BE APPLIED ON A FAIR AND EQUITABLE BASIS. FOR EACH SUCH 37 PILOT PROCUREMENT PROJECT AWARD, THE COMMISSIONER OR THE STATE AGENCY, 38 AS APPLICABLE, SHALL SUBMIT TO THE COMPTROLLER NOT LATER THAN THE 39 MID-POINT OF THE TERM OF THE RESULTANT CONTRACT A REPORT ASSESSING THE 40 SUCCESS OR FAILURE OF THE PILOT PROCUREMENT METHOD. 41 S 5. This act shall take effect immediately and shall apply to any 42 procurement initiated on or after such date; provided, however, that the 43 amendments to section 163 of the state finance law made by sections 44 three and four of this act shall not affect the repeal of such section 45 as provided in subdivision 5 of section 362 of chapter 83 of the laws of 46 1995, as amended, and shall be deemed repealed therewith.