S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1751
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2017
                                ___________
 
 Introduced  by  M. of A. CAHILL, ABINANTI -- Multi-Sponsored by -- M. of
   A. BRINDISI -- read once and referred to the Committee on Governmental
   Operations
 
 AN ACT to amend the state finance law, the economic development law, the
   general municipal law and the public authorities law, in  relation  to
   considering net economic impact in procurement contracts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "competitive procurement act".
   §  2. Legislative findings. The legislature hereby finds that in order
 to assure the economically sound use of public funds for the benefit  of
 the  entire  state  and  to facilitate the acquisition of facilities and
 commodities of maximum quality, this act shall require  the  negotiation
 of  such  procurement contracts for public works and public purchases to
 make the net economic impact of such contract  a  priority  in  awarding
 such  procurement  contracts. Although the economic impact traditionally
 includes evaluation of the direct, indirect, and induced  impacts  of  a
 contract  on  the  economy  of this state, the legislature further finds
 that the "net economic impact" must include consideration of the  lowest
 responsible  bid  and  best  value  as  additional component criteria in
 determining the overall economic impact of a  contract  on  the  state's
 economy.  Therefore,  it is in the public's best interest to incorporate
 the lowest responsible bid and best value criteria into the net economic
 impact criterion in order to award the most economically viable procure-
 ment contracts in New York state.
   § 3. The state finance law is amended by adding a new section 139-l to
 read as follows:
   § 139-L. NET ECONOMIC IMPACT IN PROCUREMENT CONTRACTS.    1.  NOTWITH-
 STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE A CONTRACT IS
 TO BE AWARDED BY A STATE AGENCY, PUBLIC AUTHORITY OR MUNICIPALITY PURSU-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01399-01-7

 A. 1751                             2
 
 ANT  TO A COMPETITIVE BIDDING PROCESS OR A REQUEST FOR PROPOSAL PROCESS,
 SUCH STATE AGENCY, PUBLIC AUTHORITY OR MUNICIPALITY SHALL  REQUIRE  THAT
 ANY  PROPOSAL  SUBMITTED BY A PROSPECTIVE CONTRACTOR IN RESPONSE THERETO
 INCLUDE  AN  ECONOMIC  IMPACT  STATEMENT  DETAILING  HOW AN AWARD OF THE
 CONTRACT TO THE PARTICULAR CONTRACTOR WOULD BENEFIT THE ECONOMY  OF  NEW
 YORK STATE AND SHALL PROVIDE THAT NET ECONOMIC IMPACT WILL BE CONSIDERED
 IN  MAKING THE AWARD. THE WEIGHT TO BE GIVEN TO SUCH NET ECONOMIC IMPACT
 CRITERION RELATIVE TO OTHER CRITERIA USED  TO  EVALUATE  THE  PROPOSALS,
 INCLUDING  LOWEST RESPONSIBLE BIDDER AND BEST VALUE, SHALL BE DETERMINED
 BY THE CONTRACTING AGENCY, AUTHORITY OR MUNICIPALITY ON A CASE  BY  CASE
 BASIS.  THE  STATE  AGENCY, PUBLIC AUTHORITY, OR MUNICIPALITY SHALL GIVE
 PRIORITY TO THE NET ECONOMIC IMPACT CRITERION WHEREVER  PRACTICABLE  AND
 SET FORTH THE BASIS FOR ITS AWARD IN WRITING.
   2.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING DEFINITIONS:
   (A) "NET ECONOMIC IMPACT" MEANS THE MEASURE  OF  ECONOMIC  STIMULATION
 THAT  OCCURS  FROM PURCHASING TRANSACTIONS THAT HAVE OCCURRED WITHIN THE
 LOCAL ECONOMY OF NEW YORK STATE AND  THE  LOWEST  RESPONSIBLE  BID.  NET
 ECONOMIC  IMPACT SHALL BE MEASURED BY DIRECT IMPACT, INDIRECT IMPACT AND
 INDUCED IMPACT, AS WELL AS LOWEST RESPONSIBLE BID AND BEST VALUE,  WHICH
 ARE DEFINED AS:
   (1)  "DIRECT  IMPACT"  MEANS  THE  AMOUNT  OF DIRECT ECONOMIC ACTIVITY
 GENERATED BY THE PURCHASING TRANSACTION, OR  BUSINESS  TRANSACTIONS,  IN
 QUESTION.  THE  SETS  OF  NUMBERS  USED TO DETERMINE DIRECT IMPACT ARE A
 RESULT OF DEVELOPING PER CAPITA NUMBERS BASED ON  ACTUAL  ECONOMIC  DATA
 SUPPLIED BY TRANSACTION MANAGEMENT, ATTENDANCE FIGURES, AND OTHER FINAN-
 CIAL  INFORMATION  FOR  ALL  TRANSACTION-RELATED  ACTIVITIES, AS WELL AS
 USING AVAILABLE TRANSACTION  INDUSTRY  AVERAGE  PER  CAPITA  EXPENDITURE
 LEVELS FOR VARIOUS ITEMS.
   (2) "INDIRECT IMPACT" INCLUDES ECONOMIC ACTIVITY FELT BY BUSINESSES AS
 AN INDIRECT RESULT OF THE PURCHASING OR BUSINESS TRANSACTION.
   (3)  "INDUCED  IMPACT"  IS THE IMPACT GENERATED WHEN THOSE SURROUNDING
 BUSINESSES PURCHASE ADDITIONAL PRODUCTS  AND  SERVICES,  AND  HIRE  MORE
 EMPLOYEES TO MEET THE DEMAND BROUGHT ON BY DIRECT AND INDIRECT IMPACTS.
   (4)  "LOWEST  RESPONSIBLE BIDDER" MEANS ANY PERSON, FIRM, CORPORATION,
 SUCCESSOR CORPORATION, CONTRACTOR OR SUBCONTRACTOR WHO (I)  SUBMITS  THE
 LOWEST  RESPONSIBLE  BID  AND  (II)  IS  NOT  DISQUALIFIED ON ANY OF THE
 GROUNDS PROVIDED BY LAW, RULE OR REGULATION.
   (5) "BEST VALUE" MEANS THE SAME AS IN SUBDIVISION ONE OF  SECTION  ONE
 HUNDRED SIXTY-THREE OF THIS CHAPTER.
   (B) "MUNICIPALITY" SHALL MEAN ANY CITY, TOWN, VILLAGE, COUNTY, MUNICI-
 PAL  CORPORATION,  DISTRICT CORPORATION, DISTRICT OR ANY OFFICE, DEPART-
 MENT OR AGENCY, THEREOF.
   (C) "STATE AGENCY" SHALL, NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,
 MEAN  ANY  STATE  DEPARTMENT,  BOARD, BUREAU, DIVISION, OFFICE, COUNCIL,
 COMMITTEE OR OFFICER OF THE STATE, OR THE STATE UNIVERSITY OF NEW  YORK,
 OR THE SENIOR COLLEGES OF THE CITY UNIVERSITY OF NEW YORK, OR ANY PUBLIC
 BENEFIT  CORPORATION  OR  COMMISSION  AT  LEAST ONE OF WHOSE MEMBERS ARE
 APPOINTED BY THE GOVERNOR.
   3. THE COMPTROLLER AND THE COMMISSIONER OF THE DEPARTMENT OF  ECONOMIC
 DEVELOPMENT SHALL ESTABLISH, THROUGH THE PROMULGATION OF RULES AND REGU-
 LATIONS,  AND IN CONSULTATION WITH THE HEADS OF STATE AGENCIES, A METHOD
 FOR STRUCTURING REQUESTS  FOR  PROPOSALS  TO  REQUIRE  INCLUSION  OF  AN
 ECONOMIC  IMPACT  STATEMENT AND IN EVALUATING RESPONSES TO SUCH REQUESTS
 FOR PROPOSALS. THE COMPTROLLER SHALL ALSO ESTABLISH THROUGH THE  PROMUL-
 GATION OF RULES AND REGULATIONS GUIDELINES FOR AGENCIES, AUTHORITIES AND

 A. 1751                             3
 
 MUNICIPALITIES  TO  INCORPORATE  CONSIDERATION OF THE LOWEST RESPONSIBLE
 BIDDER CRITERIA INTO THE NET ECONOMIC IMPACT FORMULA. SUCH NET  ECONOMIC
 IMPACT  SHALL  INCLUDE,  BUT  NOT  BE LIMITED TO, CONSIDERATION OF WHERE
 SUBCONTRACTORS  USED  BY  CONTRACTORS TO FULFILL A CONTRACT ARE LOCATED,
 HOW MANY JOBS IN THE STATE, IF ANY, WILL BE CREATED BY THE  AWARDING  OF
 SUCH  A  CONTRACT,  AND THE ESTIMATED TAX REVENUE AND ANCILLARY ECONOMIC
 ACTIVITY THAT WOULD BE GENERATED IN THE STATE THROUGH  THE  AWARDING  OF
 SUCH  CONTRACTS AND SUBSEQUENT SUBCONTRACTS, LOWEST RESPONSIBLE BID, AND
 BEST VALUE. SUCH RULES AND REGULATIONS SHALL INCLUDE A PROCEDURE WHEREBY
 A STATE AGENCY, PUBLIC AUTHORITY OR MUNICIPALITY MAY  REQUEST  A  WAIVER
 FROM THE REQUIREMENTS OF THIS SECTION.
   4. (A) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO CONTRACTS FOR
 WHICH  A  STATE AGENCY, PUBLIC AUTHORITY, OR MUNICIPALITY RECEIVES FUNDS
 ADMINISTERED BY THE FEDERAL GOVERNMENT, EXCEPT TO THE  EXTENT  THAT  THE
 FEDERAL  GOVERNMENT  WOULD  NOT  WITHHOLD  SUCH FUNDS OWING TO THE STATE
 AGENCY'S, PUBLIC AUTHORITY'S, OR  MUNICIPALITY'S  COMPLIANCE  WITH  THIS
 SECTION.
   (B)  THE  PROVISIONS  OF  THIS  SECTION  SHALL  NOT APPLY TO CONTRACTS
 BETWEEN A STATE AGENCY, PUBLIC AUTHORITY, OR MUNICIPALITY IN  NEGOTIATED
 RECIPROCITY  FOR  GOODS  OR SERVICES, EXCEPT TO THE EXTENT THAT SUCH NET
 ECONOMIC IMPACT SHALL NOT UNDERMINE SUCH RECIPROCAL CONTRACT AGREEMENT.
   5. ANY PERSON, FIRM, CORPORATION, SUCCESSOR CORPORATION, LABOR  ORGAN-
 IZATION, CONTRACTOR OR SUBCONTRACTOR MAY, WITHIN TEN DAYS AFTER A BID IS
 ACCEPTED,  FILE  AN  APPLICATION  TO CHALLENGE THE DETERMINATION.   UPON
 RECEIPT OF SUCH APPLICATION, THE COMPTROLLER, OR HIS  OR  HER  DESIGNEE,
 SHALL  CONDUCT  A  HEARING TO DETERMINE THE VALIDITY OF THE APPLICATION.
 NOTICE SHALL BE GIVEN TO THE APPLICANT AND TO THE PROPOSED CONTRACT  BID
 AWARDEE  OF  THE  DATE, TIME AND PLACE OF THE HEARING. THE APPLICANT AND
 THE PROPOSED CONTRACT BID AWARDEE SHALL  BE  GIVEN  THE  OPPORTUNITY  TO
 PRESENT  EVIDENCE AND WITNESSES ON THEIR BEHALF. THE COMPTROLLER, OR HIS
 OR HER DESIGNEE, PRESIDING OVER SUCH HEARING SHALL ISSUE A WRITTEN DECI-
 SION WITH FINDINGS OF FACT WHETHER THE PROPOSED CONTRACT BID AWARDEE  IS
 VALID.  SUCH  CONTRACT  SHALL NOT BE AWARDED PRIOR TO SUCH DECISION. THE
 AWARDING AGENCY, AUTHORITY, OR MUNICIPALITY  SHALL  NOTIFY  ALL  BIDDERS
 REGARDING THE SELECTION OF ITS PROPOSED CONTRACT BID AWARDEE.
   § 4. The opening paragraph and paragraph c of subdivision 2, the open-
 ing  paragraph  and  subparagraphs (ii), (v) and (vi) of paragraph a and
 subparagraph (i) of paragraph b of subdivision 3 of section 163  of  the
 state  finance  law,  as  added  by  chapter 83 of the laws of 1995, are
 amended to read as follows:
   The objective of state procurement is to facilitate each  state  agen-
 cy's mission while protecting the interests of the state and its taxpay-
 ers  and  promoting fairness in contracting with the business community.
 The state's procurement process shall be  guided  by  the  NET  ECONOMIC
 IMPACT,  PURSUANT  TO SECTION ONE HUNDRED THIRTY-NINE-L OF THIS CHAPTER,
 OF A CONTRACT ON THE STATE AND THE following principles:
   c. To encourage the  investment  of  the  private  and  not-for-profit
 sectors  in  New  York state by making reasonable efforts to ensure that
 offerers are apprised of procurement opportunities;  by  specifying  the
 elements  of  a  responsive  bid and disclosing the process for awarding
 contracts including,  if  applicable,  the  relative  importance  and/or
 weight of [cost] NET ECONOMIC IMPACT and the overall technical criterion
 for  evaluating  offers;  and  by  ensuring the procurement is conducted
 accordingly.

 A. 1751                             4
 
   State agency procurement practices for commodities  shall  incorporate
 NET  ECONOMIC  IMPACT,  PURSUANT TO SECTION ONE HUNDRED THIRTY-NINE-L OF
 THIS CHAPTER, AND THEN the following:
   (ii)  Commodities  contracts  shall be awarded on the basis of [lowest
 price to] NET ECONOMIC IMPACT OF a responsive and  responsible  offerer;
 or,  in  the  case of multiple awards, in accordance with paragraph c of
 subdivision ten of this section.
   (v) Consistent with guidelines issued by the state  procurement  coun-
 cil,  state  agencies may competitively purchase commodities procured in
 accordance with this article in lieu of using centralized contracts when
 the resultant [price is less] NET ECONOMIC IMPACT IS  GREATER  than  the
 centralized contract [price].
   (vi)  When  justified  by [price] NET ECONOMIC IMPACT, state agencies,
 and hospitals and facilities managed and controlled  by  state  agencies
 eligible  pursuant to section twenty-eight hundred three-a of the public
 health law, shall be eligible to make purchases pursuant  to  guidelines
 issued  by the state procurement council from a consortium or comparable
 entity in lieu of using centralized contracts for commodities.
   (i) determine, in cooperation with the state procurement  council  and
 state  agencies,  the  identity,  form,  function  and  utility of those
 commodities which shall be made  available  on  or  through  centralized
 contracts. CRITERIA SHALL INCLUDE THE NET ECONOMIC IMPACT, AS DEFINED IN
 SECTION  ONE  HUNDRED THIRTY-NINE-L OF THIS CHAPTER, ON NEW YORK STATE'S
 ECONOMY. Criteria may include, but need not be limited  to,  the  avail-
 ability  of  a  volume  discount, prior use of the commodity among state
 agencies and the relative cost of establishing the contract, its  antic-
 ipated  use  and expected actual savings for the state. The commissioner
 may also act as a broker for state agencies to procure commodities.
   § 5. The opening paragraph and paragraph d of subdivision 4 of section
 163 of the state finance law, as added by chapter  83  of  the  laws  of
 1995, are amended to read as follows:
   State  agency procurement practices for services shall incorporate THE
 NET ECONOMIC IMPACT, AS DEFINED IN SECTION ONE HUNDRED THIRTY-NINE-L  OF
 THIS CHAPTER, AND THEN the following:
   d.  Service contracts shall be awarded on the basis of [best value to]
 NET ECONOMIC IMPACT OF a responsive and responsible offerer; or, in  the
 case  of  multiple awards, in accordance with paragraph c of subdivision
 ten of this section.
   § 6. Subdivision 7, paragraphs a and b of subdivision 9,  the  opening
 paragraph  and  paragraph a of subdivision 10, and the opening paragraph
 of subdivision 11 of section 163 of the state finance law, as  added  by
 chapter  83 of the laws of 1995, 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:
   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  technology  contracts require electronic submission as the
 sole method for the submission of bids for the solicitation. State agen-
 cies shall undertake no more than eighty-five such electronic bid solic-

 A. 1751                             5
 
 itations, 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 electronic 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 thir-
 ty  days  of the completion of the eighty-fifth electronic bid solicita-
 tion, or by April first, two thousand fifteen, whichever is earlier, the
 commissioner shall prepare a report  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] NET ECONOMIC IMPACT 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] NET ECONOMIC IMPACT and the manner in
 which the evaluation process and selection shall be conducted.
   a. The commissioner or a state agency shall select  a  formal  compet-
 itive  procurement  process in accordance with guidelines established by
 the state procurement council and  document  its  determination  in  the
 procurement  record. The process shall include, but is not limited to, a
 clear statement of need; a description of  the  required  specifications
 governing  performance  and  related  factors;  a reasonable process for
 ensuring a competitive field; a fair and equal opportunity for  offerers
 to  submit  responsive  offers; and a balanced and fair method of award.
 Where the basis for the award  is  best  [value]  NET  ECONOMIC  IMPACT,
 documentation  in  the  procurement  record  shall,  where  practicable,
 include a quantification of the  application  of  the  criteria  to  the
 rating  of proposals and the evaluation results, or, where not practica-
 ble, such other justification which demonstrates that best  [value]  NET
 ECONOMIC IMPACT will be achieved.
   b.  The  solicitation  shall  prescribe  the minimum specifications or
 requirements that must be met in order to be considered  responsive  and
 shall  describe  and disclose the general manner in which the evaluation
 and selection shall be conducted. Where  appropriate,  the  solicitation
 shall  identify  the  relative  importance  and/or  weight of [cost] NET
 ECONOMIC IMPACT and the overall technical criterion to be considered  by
 a state agency in its determination of best [value] NET ECONOMIC IMPACT.
   Contracts  for  commodities  shall  be awarded on the basis of [lowest
 price to] NET ECONOMIC IMPACT OF a responsive and  responsible  offerer,
 PURSUANT   TO   SECTION  ONE  HUNDRED  THIRTY-NINE-L  OF  THIS  CHAPTER.
 Contracts for services shall be awarded on the basis of best [value] NET
 ECONOMIC IMPACT from a responsive and responsible offerer,  PURSUANT  TO
 SECTION  ONE HUNDRED THIRTY-NINE-L OF THIS CHAPTER.  Multiple awards for

 A. 1751                             6
 
 services and commodities shall be conducted in accordance with paragraph
 c of this subdivision.
   a.  Selection  and  award  shall  be  a  written  determination in the
 procurement record made by the commissioner  or  a  state  agency  in  a
 manner  consistent with the provisions of the solicitation. In the event
 two offers are found to be substantially equivalent, [price] NET ECONOM-
 IC IMPACT shall be the basis for determining  the  award  recipient  or,
 when  [price]  NET  ECONOMIC  IMPACT  and  other factors are found to be
 substantially equivalent, the determination of the commissioner or agen-
 cy head to award a contract to one or more  of  such  bidders  shall  be
 final.  The  basis  for determining the award shall be documented in the
 procurement record.
   It shall be the responsibility of the head of  each  state  agency  to
 periodically  sample  the results of the procurement process to test for
 reasonableness; to ensure that the results withstand public scrutiny and
 that the quality and the price of  the  purchase  makes  sense;  and  to
 ensure that purchasing is conducted in a manner consistent with the best
 NET ECONOMIC IMPACT interests of the state.
   §  7. Subdivision 1 of section 142 of the economic development law, as
 amended by chapter 137 of the laws  of  2008,  is  amended  to  read  as
 follows:
   1.  The  commissioner  shall  publish  on  a daily basis a procurement
 opportunities newsletter, which shall  contain  notices  of  procurement
 contract  opportunities and any other information the commissioner deems
 necessary to effectuate the purposes of this article INCLUDING, BUT  NOT
 LIMITED  TO,  ANY  CHANGES  IN  THE LAW, RULES AND REGULATIONS REGARDING
 PROCUREMENT CONTRACTS. Notices  of  procurement  contract  opportunities
 shall be available on the internet for at least fifteen days.
   §  8.  Section 100-a of the general municipal law, as added by chapter
 363 of the laws of 1964, is amended to read as follows:
   § 100-a. Declaration of policy. [It] NOTWITHSTANDING ANY PROVISION  OF
 THIS  ARTICLE TO THE CONTRARY, IT is hereby declared to be the policy of
 this state that this article  shall  [be  construed]  CONSIDER  THE  NET
 ECONOMIC  IMPACT, AS DEFINED IN SECTION ONE HUNDRED THIRTY-NINE-L OF THE
 STATE FINANCE LAW, AS THE PRIORITY in the negotiation of  contracts  for
 public  works  and  public purchases to which political subdivisions [or
 and district] AND/OR DISTRICTS therein [is] ARE a party so as to  assure
 the  prudent  and economical use of public moneys for the benefit of all
 the inhabitants of the state and to facilitate the acquisition of facil-
 ities and commodities of maximum quality [at the lowest possible cost].
   § 9. Subdivision 1 of section 2879 of the public authorities  law,  as
 amended  by  chapter  564  of  the  laws  of 1988, is amended to read as
 follows:
   1. Every public authority and public benefit corporation,  a  majority
 of  the  members  of  which  consist  of persons either appointed by the
 governor or who serve as members by virtue of holding a civil office  of
 the state, or a combination thereof, (such entities to be hereinafter in
 this  section  referred  to  as "corporation") shall adopt by resolution
 comprehensive guidelines which detail the corporation's operative policy
 and instructions regarding the use, awarding, monitoring  and  reporting
 of  procurement contracts.   NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
 RULE OR REGULATION, SUCH GUIDELINES SHALL INCLUDE, BUT  NOT  BE  LIMITED
 TO,  MAKING  CONSIDERATION  OF  THE  NET  ECONOMIC IMPACT, AS DEFINED IN
 SECTION ONE HUNDRED THIRTY-NINE-L OF THE STATE FINANCE LAW, THE PRIORITY
 IN AWARDING PROCUREMENT CONTRACTS. Guidelines  approved  by  the  corpo-
 ration shall be annually reviewed and approved by the corporation.

 A. 1751                             7
 
   §  10.  This  act  shall  take effect on the one hundred eightieth day
 after it shall have become a law; provided, however, the  provisions  of
 this  act  shall  be  applied  to all contracts entered into on or after
 April 1, 2017; and provided, further, however, that  the  amendments  to
 the  provisions of section 163 of the state finance law made by sections
 four, five and six of this act shall  not  affect  the  repeal  of  such
 section  and shall be deemed repealed therewith.  Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized and directed to be made and completed on or before such date.