LBD12074-03-4
A. 8768--A 2
SECTION 369-H. DEFINITIONS.
369-I. DIVISION OF SERVICE-DISABLED VETERANS' BUSINESS DEVELOP-
MENT.
369-J. OPPORTUNITIES FOR CERTIFIED SERVICE-DISABLED
VETERAN-OWNED BUSINESS ENTERPRISES.
369-K. SEVERABILITY.
S 369-H. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. "CERTIFIED SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISE"
SHALL MEAN A BUSINESS ENTERPRISE, INCLUDING A SOLE PROPRIETORSHIP, PART-
NERSHIP, OR CORPORATION THAT IS:
(A) AT LEAST FIFTY-ONE PERCENT OWNED BY ONE OR MORE SERVICE-DISABLED
VETERANS;
(B) AN ENTERPRISE IN WHICH SUCH SERVICE-DISABLED VETERAN OWNERSHIP IS
REAL, SUBSTANTIAL, AND CONTINUING;
(C) AN ENTERPRISE IN WHICH SUCH SERVICE-DISABLED VETERAN OWNERSHIP HAS
AND EXERCISES THE AUTHORITY TO CONTROL INDEPENDENTLY THE DAY-TO-DAY
BUSINESS DECISIONS OF THE ENTERPRISE;
(D) AN ENTERPRISE AUTHORIZED TO DO BUSINESS IN THIS STATE AND IS INDE-
PENDENTLY-OWNED AND OPERATED;
(E) AN ENTERPRISE THAT IS A SMALL BUSINESS PURSUANT TO SUBDIVISION
TWENTY OF SECTION THREE HUNDRED TEN OF THIS CHAPTER; AND
(F) CERTIFIED BY THE OFFICE OF GENERAL SERVICES.
2. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE OFFICE OF GENERAL
SERVICES.
3. "DIRECTOR" SHALL MEAN THE DIRECTOR OF THE DIVISION OF SERVICE-DISA-
BLED VETERANS' BUSINESS DEVELOPMENT.
4. "DIVISION" SHALL MEAN THE DIVISION OF SERVICE-DISABLED VETERANS'
BUSINESS DEVELOPMENT IN THE OFFICE OF GENERAL SERVICES.
5. "SERVICE DISABLED VETERAN" SHALL MEAN (A) IN THE CASE OF THE ARMY,
NAVAL, AIR FORCE, MARINES, COAST GUARD, ARMY NATIONAL GUARD OR AIR
NATIONAL GUARD OF THE ARMED FORCES OF THE UNITED STATES AND/OR RESERVES
THEREOF, A VETERAN WHO RECEIVED A COMPENSATION RATING OF TEN PERCENT OR
GREATER FROM THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS OR FROM
THE UNITED STATES DEPARTMENT OF DEFENSE BECAUSE OF A SERVICE-CONNECTED
DISABILITY INCURRED IN THE LINE OF DUTY, AND (B) IN THE CASE OF THE NEW
YORK GUARD OR THE NEW YORK NAVAL MILITIA AND/OR RESERVES THEREOF, A
VETERAN WHO CERTIFIES, PURSUANT TO THE RULES AND REGULATIONS PROMULGATED
BY THE DIRECTOR, TO HAVING INCURRED AN INJURY EQUIVALENT TO A COMPEN-
SATION RATING OF TEN PERCENT OR GREATER FROM THE UNITED STATES DEPART-
MENT OF VETERANS AFFAIRS OR FROM THE UNITED STATES DEPARTMENT OF DEFENSE
BECAUSE OF A SERVICE-CONNECTED DISABILITY INCURRED IN THE LINE OF DUTY.
6. "STATE AGENCY" SHALL HAVE THE SAME MEANING AS DEFINED IN SUBDIVI-
SION ELEVEN OF SECTION THREE HUNDRED TEN OF THIS CHAPTER.
7. "VETERAN" SHALL MEAN A PERSON WHO SERVED IN THE UNITED STATES ARMY,
NAVY, AIR FORCE, MARINES, COAST GUARD, AND/OR RESERVES THEREOF, AND/OR
IN THE ARMY NATIONAL GUARD, AIR NATIONAL GUARD, NEW YORK GUARD AND/OR
THE NEW YORK NAVAL MILITIA WHO WAS DISCHARGED THEREFROM UNDER HONORABLE
CONDITIONS INCLUDING, BUT NOT LIMITED TO, HONORABLE DISCHARGE, DISCHARGE
UNDER HONORABLE CONDITIONS, OR GENERAL DISCHARGE.
S 369-I. DIVISION OF SERVICE-DISABLED VETERANS' BUSINESS DEVELOPMENT.
1. THE HEAD OF THE DIVISION OF SERVICE-DISABLED VETERANS' BUSINESS
DEVELOPMENT SHALL BE THE DIRECTOR WHO SHALL BE APPOINTED BY THE GOVERNOR
AND HOLD OFFICE AT THE PLEASURE OF THE COMMISSIONER.
2. THE DIRECTOR MAY APPOINT SUCH DEPUTIES, ASSISTANTS, AND OTHER
EMPLOYEES AS MAY BE NEEDED FOR THE PERFORMANCE OF THE DUTIES PRESCRIBED
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HEREIN SUBJECT TO THE PROVISIONS OF THE CIVIL SERVICE LAW AND THE RULES
AND REGULATIONS OF THE CIVIL SERVICE COMMISSION. THE DIRECTOR MAY
REQUEST AND SHALL RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD, BUREAU,
EXECUTIVE COMMISSION OR AGENCY OF THE STATE SUCH ASSISTANCE AS MAY BE
NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ARTICLE.
3. THE DIRECTOR SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
(A) DEVELOP, COLLECT, SUMMARIZE AND DISSEMINATE INFORMATION THAT WILL
BE HELPFUL TO PERSONS AND ORGANIZATIONS THROUGHOUT THE STATE IN UNDER-
TAKING OR PROMOTING THE ESTABLISHMENT AND SUCCESSFUL OPERATION OF A
SERVICE-DISABLED VETERAN-OWNED BUSINESS.
(B) DEVELOP AND MAKE AVAILABLE TO STATE AGENCIES A DIRECTORY OF CERTI-
FIED SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISES WHICH SHALL,
WHEREVER PRACTICABLE, BE DIVIDED INTO CATEGORIES OF LABOR, SERVICES,
SUPPLIES, EQUIPMENT, MATERIALS AND RECOGNIZED CONSTRUCTION TRADES AND
WHICH SHALL INDICATE AREAS OR LOCATIONS OF THE STATE WHERE SUCH ENTER-
PRISES ARE AVAILABLE TO PERFORM SERVICES. SUCH DIRECTORY SHALL BE POST-
ED ON THE OFFICE OF GENERAL SERVICES WEBSITE.
(C) ASSIST STATE AGENCIES IN THE DEVELOPMENT OF PROGRAMS TO FOSTER AND
PROMOTE THE USE OF SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISES
ON STATE CONTRACTS.
(D) COORDINATE THE PLANS, PROGRAMS AND OPERATIONS OF THE STATE GOVERN-
MENT WHICH AFFECT OR MAY CONTRIBUTE TO THE ESTABLISHMENT, PRESERVATION
AND DEVELOPMENT OF SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISES.
(E) IN CONJUNCTION WITH THE COMMISSIONER, DEVELOP A COMPREHENSIVE
STATEWIDE PLAN AND OPERATIONAL GUIDELINES TO PROMOTE SERVICE-DISABLED
VETERAN-OWNED BUSINESS ENTERPRISES AND TO ASSIST THEM IN OBTAINING
OPPORTUNITIES TO PARTICIPATE IN THE PROCUREMENT OF GOODS AND SERVICES BY
THE STATE, INCLUDING IDENTIFICATION OF BARRIERS TO SERVICE-DISABLED
VETERANS' BUSINESS DEVELOPMENT AND INVESTIGATION AND EVALUATION OF THEIR
IMPACT ON ACHIEVING THE OBJECTIVES OF THIS ARTICLE.
4. THE COMMISSIONER SHALL:
(A) COORDINATE TRAINING OF ALL PROCUREMENT PERSONNEL OF STATE AGEN-
CIES, EMPHASIZING INCREASED SENSITIVITY AND RESPONSIVENESS TO THE UNIQUE
NEEDS AND REQUIREMENTS OF SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTER-
PRISES.
(B) CONDUCT A COORDINATED REVIEW OF ALL EXISTING AND PROPOSED STATE
TRAINING AND TECHNICAL ASSISTANCE ACTIVITIES IN DIRECT SUPPORT OF THE
SERVICE-DISABLED VETERANS' BUSINESS DEVELOPMENT PROGRAM TO ASSURE
CONSISTENCY WITH THE OBJECTIVES OF THIS ARTICLE.
(C) EVALUATE AND ASSESS AVAILABILITY OF FIRMS FOR THE PURPOSE OF
INCREASING PARTICIPATION OF SUCH FIRMS IN STATE CONTRACTING IN CONSULTA-
TION WITH RELEVANT STATE ENTITIES INCLUDING, BUT NOT LIMITED TO, THE NEW
YORK STATE DIVISION OF VETERANS' AFFAIRS.
(D) PROVIDE ADVICE AND TECHNICAL ASSISTANCE TO PROMOTE SERVICE-DISA-
BLED VETERAN-OWNED BUSINESS ENTERPRISES' UNDERSTANDING OF STATE PROCURE-
MENT LAWS, PRACTICES AND PROCEDURES TO FACILITATE AND INCREASE THE
PARTICIPATION OF SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISES IN
STATE PROCUREMENT.
(E) ESTABLISH REGULAR PERFORMANCE REPORTING SYSTEMS REGARDING IMPLE-
MENTATION OF THE PROGRAMS DESIGNED TO INCREASE SERVICE-DISABLED VETER-
AN-OWNED BUSINESS PARTICIPATION IN PROCUREMENT CONTRACTS BY STATE AGEN-
CIES.
(F) SUBMIT A REPORT BY THE THIRTY-FIRST OF DECEMBER EACH YEAR, WITH
THE FIRST REPORT DUE BY THE THIRTY-FIRST OF DECEMBER IN THE CALENDAR
YEAR NEXT SUCCEEDING THE CALENDAR YEAR IN WHICH THIS ARTICLE SHALL HAVE
BECOME A LAW, TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE,
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AND THE SPEAKER OF THE ASSEMBLY. SUCH REPORT SHALL INCLUDE INFORMATION
INCLUDING, BUT NOT LIMITED TO, THE NUMBER OF CONTRACTS ENTERED INTO
PURSUANT TO THIS ARTICLE, THE AVERAGE AMOUNT OF SUCH CONTRACTS, THE
NUMBER OF SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISES CERTIFIED,
THE NUMBER OF APPLICATIONS FOR CERTIFICATION AS A SERVICE-DISABLED
VETERAN-OWNED BUSINESS ENTERPRISE, THE NUMBER OF DENIALS FOR SUCH
CERTIFICATION, THE NUMBER OF APPEALS OF SUCH DENIALS, AND THE OUTCOME OF
SUCH APPEALS, THE AVERAGE TIME THAT IS REQUIRED FOR SUCH CERTIFICATION
TO BE COMPLETED, THE NET WORTH OF SERVICE-DISABLED VETERAN-OWNED BUSI-
NESS ENTERPRISES THAT WERE AWARDED STATE CONTRACTS PURSUANT TO THIS
ARTICLE, AND THE PERSONAL NET WORTH OF THE INDIVIDUALS RELIED UPON TO
RECEIVE CERTIFICATION AS A SERVICE-DISABLED VETERAN-OWNED BUSINESS
ENTERPRISE THAT WERE AWARDED STATE CONTRACTS PURSUANT TO THIS ARTICLE.
THE CALCULATION OF SUCH INDIVIDUAL PERSONAL NET WORTH SHALL INCLUDE THE
AGGREGATE ADJUSTED NET VALUE OF THE ASSETS OF AN INDIVIDUAL REMAINING
AFTER TOTAL LIABILITIES ARE DEDUCTED, THE INDIVIDUAL'S SHARE OF ASSETS
HELD JOINTLY WITH SAID INDIVIDUAL'S SPOUSE, BUT SHALL NOT INCLUDE THE
INDIVIDUAL'S OWNERSHIP INTEREST IN THE CERTIFIED SERVICE-DISABLED VETER-
AN-OWNED BUSINESS ENTERPRISE, THE INDIVIDUAL'S EQUITY IN HIS OR HER
PRIMARY RESIDENCE, OR UP TO FIVE HUNDRED THOUSAND DOLLARS OF THE PRESENT
CASH VALUE OF ANY QUALIFIED RETIREMENT SAVINGS PLAN OR INDIVIDUAL
RETIREMENT ACCOUNT HELD BY THE INDIVIDUAL LESS ANY PENALTIES FOR EARLY
WITHDRAWAL.
5. CERTIFICATION. (A) THE DIRECTOR, OR IN THE ABSENCE OF A DIRECTOR,
THE COMMISSIONER, WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS ARTI-
CLE, SHALL PROMULGATE RULES AND REGULATIONS PROVIDING FOR THE ESTABLISH-
MENT OF A STATEWIDE CERTIFICATION PROGRAM INCLUDING RULES AND REGU-
LATIONS GOVERNING THE APPROVAL, DENIAL, OR REVOCATION OF ANY SUCH
CERTIFICATION. SUCH RULES AND REGULATIONS SHALL INCLUDE, BUT NOT BE
LIMITED TO, SUCH MATTERS AS MAY BE REQUIRED TO ENSURE THAT THE ESTAB-
LISHED PROCEDURES THEREUNDER SHALL AT LEAST BE IN COMPLIANCE WITH THE
CODE OF FAIR PROCEDURE SET FORTH IN SECTION SEVENTY-THREE OF THE CIVIL
RIGHTS LAW.
(B) THE DIVISION OF SERVICE-DISABLED VETERANS' BUSINESS DEVELOPMENT
SHALL BE RESPONSIBLE FOR VERIFYING BUSINESSES AS BEING OWNED, OPERATED,
AND CONTROLLED BY A SERVICE DISABLED VETERAN AND FOR CERTIFYING SUCH
VERIFIED BUSINESSES. STATUS AS A SERVICE DISABLED VETERAN PURSUANT TO
PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE DOCUMENTED BY A COPY OF THE
VETERAN'S CERTIFICATE OF RELEASE OR DISCHARGE FROM ACTIVE DUTY ALSO
KNOWN AS A DD-214 FORM OR AN HONORABLE SERVICE CERTIFICATE/REPORT OF
CAUSALITY FROM THE DEPARTMENT OF DEFENSE, A LETTER OF CERTIFICATION BY
THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS OR THE UNITED STATES
DEPARTMENT OF DEFENSE AND ANY ADDITIONAL INFORMATION THAT MAY BE
REQUIRED BY THE DIVISION OF SERVICE-DISABLED VETERANS' BUSINESS DEVELOP-
MENT. IN THE CASE OF THE NEW YORK GUARD OR THE NEW YORK NAVAL MILITIA
AND/OR RESERVES THEREOF, STATUS AS A SERVICE DISABLED VETERAN PURSUANT
TO THIS PARAGRAPH SHALL BE DOCUMENTED PURSUANT TO RULES AND REGULATIONS
PROMULGATED BY THE DIRECTOR, OR IN THE ABSENCE OF A DIRECTOR, THE
COMMISSIONER.
(C) FOLLOWING APPLICATION FOR CERTIFICATION PURSUANT TO THIS SECTION,
THE DIRECTOR SHALL PROVIDE THE APPLICANT WITH WRITTEN NOTICE OF THE
STATUS OF THE APPLICATION, INCLUDING NOTICE OF ANY OUTSTANDING DEFICIEN-
CIES, WITHIN THIRTY DAYS. WITHIN SIXTY DAYS OF SUBMISSION OF A FINAL
COMPLETED APPLICATION, THE DIRECTOR SHALL PROVIDE THE APPLICANT WITH
WRITTEN NOTICE OF A DETERMINATION BY THE DIRECTOR APPROVING OR DENYING
SUCH CERTIFICATION AND, IN THE EVENT OF A DENIAL, A STATEMENT SETTING
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FORTH THE REASONS FOR SUCH DENIAL. UPON A DETERMINATION DENYING OR
REVOKING CERTIFICATION, THE BUSINESS ENTERPRISE FOR WHICH CERTIFICATION
HAS BEEN SO DENIED OR REVOKED SHALL, UPON WRITTEN REQUEST MADE WITHIN
THIRTY DAYS FROM RECEIPT OF NOTICE OF SUCH DETERMINATION, BE ENTITLED TO
A HEARING BEFORE AN INDEPENDENT HEARING OFFICER DESIGNATED FOR SUCH
PURPOSE BY THE DIRECTOR. IN THE EVENT THAT A REQUEST FOR A HEARING IS
NOT MADE WITHIN SUCH THIRTY DAY PERIOD, SUCH DETERMINATION SHALL BE
DEEMED TO BE FINAL. THE INDEPENDENT HEARING OFFICER SHALL CONDUCT A
HEARING AND UPON THE CONCLUSION OF SUCH HEARING, ISSUE A WRITTEN RECOM-
MENDATION TO THE DIRECTOR TO AFFIRM, REVERSE, OR MODIFY SUCH DETERMI-
NATION OF THE DIRECTOR. SUCH WRITTEN RECOMMENDATION SHALL BE ISSUED TO
THE PARTIES. THE DIRECTOR, WITHIN THIRTY DAYS, BY ORDER, MUST ACCEPT,
REJECT OR MODIFY SUCH RECOMMENDATION OF THE HEARING OFFICER AND SET
FORTH IN WRITING THE REASON THEREFOR. THE DIRECTOR SHALL SERVE A COPY OF
SUCH ORDER AND REASONS THEREFOR UPON THE BUSINESS ENTERPRISE BY PERSONAL
SERVICE OR BY CERTIFIED MAIL RETURN RECEIPT REQUESTED. THE ORDER OF THE
DIRECTOR SHALL BE SUBJECT TO REVIEW PURSUANT TO ARTICLE SEVENTY-EIGHT OF
THE CIVIL PRACTICE LAW AND RULES.
(D) ALL CERTIFICATIONS SHALL BE VALID FOR A PERIOD OF THREE YEARS.
S 369-J. OPPORTUNITIES FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED
BUSINESS ENTERPRISES. 1. THE DIRECTOR, OR IN THE ABSENCE OF A DIRECTOR,
THE COMMISSIONER, WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS ARTI-
CLE, SHALL PROMULGATE RULES AND REGULATIONS FOR THE FOLLOWING PURPOSES:
(A) PROVIDE MEASURES AND PROCEDURES TO ENSURE THAT CERTIFIED SERVICE-
DISABLED VETERAN-OWNED BUSINESS ENTERPRISES ARE AFFORDED THE OPPORTUNITY
FOR MEANINGFUL PARTICIPATION IN THE PERFORMANCE OF STATE CONTRACTS AND
TO ASSIST IN STATE AGENCIES' IDENTIFICATION OF THOSE STATE CONTRACTS FOR
WHICH CERTIFIED SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISES MAY
BEST PERFORM;
(B) PROVIDE FOR MEASURES AND PROCEDURES THAT ASSIST STATE AGENCIES IN
THE IDENTIFICATION OF STATE CONTRACTS WHERE SERVICE-DISABLED VETERAN
CONTRACT GOALS ARE PRACTICAL, FEASIBLE AND APPROPRIATE FOR THE PURPOSE
OF INCREASING THE UTILIZATION OF SERVICE-DISABLED VETERAN-OWNED BUSINESS
ENTERPRISE PARTICIPATION ON STATE CONTRACTS;
(C) ACHIEVE A STATEWIDE GOAL FOR PARTICIPATION ON STATE CONTRACTS BY
SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISES OF FIVE PERCENT;
(D) PROVIDE FOR PROCEDURES RELATING TO SUBMISSION AND RECEIPT OF
APPLICATIONS BY SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISES;
(E) PROVIDE FOR THE MONITORING AND COMPLIANCE OF STATE CONTRACTS BY
STATE AGENCIES WITH RESPECT TO THE PROVISIONS OF THIS ARTICLE;
(F) PROVIDE FOR THE REQUIREMENT THAT STATE AGENCIES SUBMIT REGULAR
REPORTS, AS DETERMINED BY THE DIRECTOR, WITH RESPECT TO THEIR
SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISE PROGRAM ACTIVITY,
INCLUDING BUT NOT LIMITED TO, UTILIZATION REPORTING AND STATE CONTRACT
MONITORING AND COMPLIANCE; AND
(G) PROVIDE FOR ANY OTHER PURPOSES TO EFFECTUATE THIS ARTICLE.
2. STATE AGENCIES SHALL ADMINISTER THE RULES AND REGULATIONS PROMUL-
GATED BY THE DIRECTOR FOR THE IMPLEMENTATION OF THIS ARTICLE.
3. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO TAKE PRECEDENCE OVER
THE PROVISIONS OF ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW.
S 369-K. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION OR
PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURIS-
DICTION TO BE INVALID, THE JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALI-
DATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO
THE CLAUSE, SENTENCE, PARAGRAPH, SECTION OR PART OF THIS ARTICLE DIRECT-
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LY INVOLVED IN THE CONTROVERSY IN WHICH THE JUDGMENT SHALL HAVE BEEN
RENDERED.
S 3. Subdivision 6 of section 163 of the state finance law, as amended
by section 1 of part P of chapter 55 of the laws of 2013, is amended to
read as follows:
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 OR 17-B of the executive law, or
commodities or 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.
S 4. Subparagraph (i) of paragraph (b) of subdivision 3 of section
2879 of the public authorities law, as amended by chapter 174 of the
laws of 2010, is amended to read as follows:
(i) for the selection of such contractors on a competitive basis, and
provisions relating to the circumstances under which the board may by
resolution waive competition, including, notwithstanding any other
provision of law requiring competition, the purchase of goods or
services from small business concerns [or], those certified as minority
or women-owned business enterprises, OR THOSE CERTIFIED AS SERVICE-DISA-
BLED VETERAN-OWNED BUSINESS ENTERPRISES, or goods or technology that are
recycled or remanufactured, in an amount not to exceed two hundred thou-
sand dollars without a formal competitive process;
S 5. This act shall take effect immediately and shall expire and be
deemed repealed December 31, 2019; provided, however, that the amend-
ments to subdivision 6 of section 163 of the state finance law made by
section three of this act shall not affect the repeal of such subdivi-
sion and shall be deemed repealed therewith.