S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3578
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2017
                                ___________
 
 Introduced  by  Sens.  GIANARIS, BRESLIN, KAMINSKY, PERALTA, STAVISKY --
   read twice and ordered printed, and when printed to  be  committed  to
   the Committee on Local Government
 
 AN  ACT  to  amend  the  general municipal law, in relation to requiring
   municipalities to participate in a system to compile vendor  responsi-
   bility information

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general municipal  law  is  amended  by  adding  a  new
 section 103-h to read as follows:
   § 103-H. VENDOR RESPONSIBILITY; ONLINE PARTICIPATION. 1. EVERY MUNICI-
 PAL  CORPORATION  SHALL  PARTICIPATE  IN  AN  ONLINE  VENDOR SYSTEM. THE
 GOVERNING BODY OF A MUNICIPALITY SHALL ELECT TO EITHER  (A)  PARTICIPATE
 IN  THE  ONLINE  VENDOR  RESPONSIBILITY  SYSTEM ESTABLISHED BY THE STATE
 COMPTROLLER PURSUANT TO THIS SECTION; OR (B) ESTABLISH AN ONLINE  VENDOR
 RESPONSIBILITY  SYSTEM  FOR  THE  MUNICIPALITY,  WHICH  CONFORMS  TO THE
 REQUIREMENTS OF THIS SECTION AND IS APPROVED BY THE STATE COMPTROLLER.
   2. DEFINITIONS. 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 OR A MUNICIPALITY, INCLUDING, BUT NOT
 LIMITED  TO,  THE CREATION OF A UNIQUE USER IDENTIFICATION AND PASSWORD.
 ENROLLMENT PROVIDES A USER ACCESS TO THE SYSTEM.
   (B) "MUNICIPAL SYSTEM"  SHALL  MEAN  THE  ONLINE  SOFTWARE,  DATA  AND
 RELATED  RESOURCES ESTABLISHED AND MAINTAINED BY A MUNICIPALITY PURSUANT
 TO PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION  TO  COMPILE  VENDOR
 RESPONSIBILITY  INFORMATION.  EACH SUCH SYSTEM SHALL INCLUDE, BUT NOT BE
 LIMITED TO:
   (1) THE NAMES, ADDRESSES AND FEDERAL TAXPAYER  IDENTIFICATION  NUMBERS
 OF VENDORS AND SUBCONTRACTORS, WHERE AVAILABLE IN ACCORDANCE WITH APPLI-
 CABLE LAW;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07234-01-7

 S. 3578                             2
 
   (2)  THE  DOLLAR  AMOUNT  OF  EACH CONTRACT, INCLUDING THE MAXIMUM AND
 REVISED MAXIMUM EXPENDITURE AUTHORIZED, THE CURRENT ENCUMBRANCE AND  THE
 ACTUAL EXPENDITURES;
   (3)  THE  TYPES  OF  GOODS AND SERVICES TO BE PROVIDED PURSUANT TO THE
 CONTRACT;
   (4) THE TERM OF THE CONTRACT,  OR,  IN  THE  CASE  OF  A  CONSTRUCTION
 CONTRACT,  THE  STARTING  AND SCHEDULED COMPLETION DATE OF THE CONTRACT,
 AND THE DATE FINAL PAYMENT IS AUTHORIZED;
   (5) THE MUNICIPALITY THAT  AWARDED  THE  CONTRACT,  AND  ANY  CONTRACT
 REFERENCE NUMBER ASSIGNED BY THE MUNICIPALITY OR THE STATE COMPTROLLER;
   (6)  THE  MANNER  IN  WHICH  ANY  VENDOR OR SUBCONTRACTOR WAS SELECTED
 INCLUDING, BUT NOT LIMITED TO, IN THE CASE  OF  A  VENDOR,  WHETHER  THE
 VENDOR  WAS  SELECTED  THROUGH  PUBLIC  BIDDING  AND, IF SO, WHETHER THE
 VENDOR WAS  THE  LOWEST  RESPONSIBLE  BIDDER;  WHETHER  THE  VENDOR  WAS
 SELECTED  THROUGH  A  REQUEST FOR PROPOSAL PROCEDURE AND, IF SO, WHETHER
 THE VENDOR'S RESPONSE TO THE REQUEST OFFERED THE  LOWEST  PRICE  OPTION;
 WHETHER THE VENDOR WAS SELECTED WITHOUT COMPETITION OR AS A SOLE SOURCE;
 WHETHER  THE  VENDOR  WAS SELECTED THROUGH AN EMERGENCY PROCEDURE ESTAB-
 LISHED PURSUANT TO THIS CHAPTER, WHERE APPLICABLE; OR WHETHER THE VENDOR
 WAS SELECTED FROM A LIST OF PREQUALIFIED BIDDERS,  AND,  IF  APPLICABLE,
 WHETHER THE VENDOR WAS THE LOWEST RESPONSIBLE BIDDER; AND
   (7)  THE  DATE  OR  DATES  OF ANY PUBLIC HEARING OR HEARINGS HELD WITH
 RESPECT TO A CONTRACT AND THE AGENDA NUMBER OF ANY ACTION TAKEN THEREON.
   (C) "ONLINE SERVICES" SHALL MEAN THE SERVICES PROVIDED  ELECTRONICALLY
 AND  SECURELY  BY  THE  STATE  COMPTROLLER FOR THE BENEFIT OF CUSTOMERS,
 CLIENTS AND BUSINESS PARTNERS OF THE STATE'S MUNICIPALITIES; OR SERVICES
 PROVIDED ELECTRONICALLY AND SECURELY BY A MUNICIPALITY FOR  THE  BENEFIT
 OF  ITS  CUSTOMERS,  CLIENTS AND BUSINESS PARTNERS. SUCH ONLINE SERVICES
 MAY BE EXPANDED AND ENHANCED AS TECHNOLOGY ALLOWS.
   (D) "CONTRACT" SHALL MEAN AND INCLUDE ANY WRITTEN  AGREEMENT  FOR  THE
 ACQUISITION  OF  GOODS,  SERVICES  OR CONSTRUCTION OF ANY KIND BETWEEN A
 VENDOR AND A MUNICIPALITY, OR A WRITTEN AGREEMENT  OR  OTHER  INSTRUMENT
 WHEREIN  A  MUNICIPALITY  AGREES  TO  GIVE  CONSIDERATION OTHER THAN THE
 PAYMENT OF MONEY.
   (E) "SUBCONTRACTOR" SHALL MEAN  AN  INDIVIDUAL,  SOLE  PROPRIETORSHIP,
 PARTNERSHIP, JOINT VENTURE OR CORPORATION, WHICH IS ENGAGED IN A SUBCON-
 TRACT  OR  SUBCONTRACTS BY A VENDOR OR VENDORS PURSUANT TO A CONTRACT OR
 CONTRACTS AND SUCH SUBCONTRACT IS VALUED  AT  TEN  THOUSAND  DOLLARS  OR
 MORE,  OR  THE  AGGREGATE VALUE OF ALL SUCH SUBCONTRACTS DURING A TWELVE
 MONTH PERIOD OF TIME IS TEN THOUSAND DOLLARS OR MORE AND IS KNOWN AT THE
 TIME OF THE AWARD OF THE CONTRACTS TO THE VENDOR OR VENDORS.
   (F)  "SYSTEM"  SHALL  MEAN  THE  ONLINE  SOFTWARE,  DATA  AND  RELATED
 RESOURCES  MAINTAINED  BY  THE  COMPTROLLER OR A MUNICIPALITY TO COMPILE
 VENDOR RESPONSIBILITY INFORMATION.
   (G) "TERMS OF SERVICE" SHALL MEAN THE TERMS AND  CONDITIONS  DEVELOPED
 BY THE STATE COMPTROLLER OR A MUNICIPALITY AND AGREED TO BY EACH AUTHOR-
 IZED  USER PRIOR TO GAINING ACCESS TO ONLINE SERVICES.  TERMS OF SERVICE
 SHALL INCLUDE A DESCRIPTION OF THE SERVICES, OBLIGATIONS  OF  THE  STATE
 COMPTROLLER  OR  THE MUNICIPALITY AND THE AUTHORIZED USER, A DESCRIPTION
 OF THE STATE COMPTROLLER'S OR THE MUNICIPALITY'S PRIVACY POLICY, AUTHOR-
 IZED USER CODE OF CONDUCT, AND INDEMNITY FOR THE STATE COMPTROLLER,  THE
 STATE, THE POLITICAL SUBDIVISIONS THEREOF OR THE MUNICIPALITY.  TERMS OF
 SERVICE  ARE SUBJECT TO CHANGE AS PRESCRIBED BY THE STATE COMPTROLLER OR
 THE MUNICIPALITY.  AUTHORIZED USERS MAY VIEW CHANGES VIA THE STATE COMP-
 TROLLER'S OR THE MUNICIPALITY'S INTERNET SITE.

 S. 3578                             3
 
   (H) "VENDOR"  SHALL  INCLUDE  ANY  PERSON,  PARTNERSHIP,  CORPORATION,
 LIMITED  LIABILITY COMPANY OR ANY BUSINESS ENTITY BIDDING ON A MUNICIPAL
 PROCUREMENT OR OTHERWISE AWARDED A CONTRACT HAVING A VALUE OF TEN  THOU-
 SAND  DOLLARS  OR MORE; OR ANY PERSON, PARTNERSHIP, CORPORATION, LIMITED
 LIABILITY  COMPANY OR ANY BUSINESS ENTITY PERFORMING CONTRACTS FOR MUNI-
 CIPALITIES WHICH HAVE AN AGGREGATE VALUE OF ONE HUNDRED THOUSAND DOLLARS
 OR MORE DURING ANY PERIOD OF TWELVE MONTHS.
   (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:
   (1)  THE CURRENT ADDRESSES AND TELEPHONE NUMBERS OF THE VENDOR'S PRIN-
 CIPAL EXECUTIVE OFFICES AND THE VENDOR'S PRIMARY PLACE  OF  BUSINESS  IN
 THE  STATE,  IF  DIFFERENT;  THE ADDRESSES OF THE THREE LARGEST SITES AT
 WHICH IT IS ANTICIPATED THAT WORK WOULD OCCUR  IN  CONNECTION  WITH  THE
 PROPOSED CONTRACT, BASED ON THE NUMBER OF PERSONS TO BE EMPLOYED AT EACH
 SITE;  ANY  OTHER  NAMES  UNDER  WHICH THE VENDOR HAS CONDUCTED BUSINESS
 WITHIN THE PRIOR FIVE YEARS; AND THE ADDRESSES AND TELEPHONE NUMBERS  OF
 ALL  PRINCIPAL  PLACES OF BUSINESS AND PRIMARY PLACES OF BUSINESS IN THE
 STATE, IF DIFFERENT, WHERE THE VENDOR HAS CONDUCTED BUSINESS WITHIN  THE
 PRIOR FIVE YEARS;
   (2) THE DUN & BRADSTREET NUMBER OF THE VENDOR, IF ANY;
   (3)  THE  TAXPAYER  IDENTIFICATION  NUMBERS,  EMPLOYER  IDENTIFICATION
 NUMBERS OR SOCIAL SECURITY NUMBERS OF THE  VENDOR  OR  THE  DIVISION  OR
 BRANCH OF THE VENDOR WHICH IS ACTUALLY ENTERING INTO THE CONTRACT;
   (4) THE TYPE OF BUSINESS ENTITY OF THE VENDOR;
   (5)  THE  DATE  SUCH BUSINESS ENTITY WAS FORMED, THE STATE, COUNTY AND
 COUNTRY, IF NOT WITHIN THE UNITED STATES, IN WHICH IT WAS FORMED AND THE
 OTHER COUNTIES WITHIN THE STATE IN WHICH A CERTIFICATE OF INCORPORATION,
 CERTIFICATE OF DOING BUSINESS, OR THE EQUIVALENT HAS BEEN  FILED  WITHIN
 THE PRIOR FIVE YEARS;
   (6)  THE  PRINCIPAL  OWNERS AND OFFICERS OF THE VENDOR, THEIR DATES OF
 BIRTH, TAXPAYER IDENTIFICATION  NUMBERS,  SOCIAL  SECURITY  NUMBERS  AND
 THEIR CURRENT BUSINESS ADDRESSES AND TELEPHONE NUMBERS;
   (7)  THE  NAMES,  CURRENT  BUSINESS  ADDRESSES  AND TELEPHONE NUMBERS,
 TAXPAYER IDENTIFICATION NUMBERS AND EMPLOYER IDENTIFICATION  NUMBERS  OF
 AFFILIATES OF THE VENDOR;
   (8)  THE PRINCIPAL OWNERS AND OFFICERS OF AFFILIATES OF THE VENDOR AND
 THEIR CURRENT BUSINESS ADDRESSES AND TELEPHONE NUMBERS;
   (9) THE PRINCIPAL OWNERS AND OFFICERS OF EVERY SUBCONTRACTOR;
   (10) THE TYPE, AMOUNT AND CONTRACT REGISTRATION NUMBER  OF  ALL  OTHER
 MUNICIPAL AND STATE AGENCY CONTRACTS AWARDED TO THE VENDOR;
   (11)  THE  CONTRACT  SANCTION HISTORY OF THE VENDOR FOR THE PRIOR FIVE
 YEARS INCLUDING, BUT NOT LIMITED TO, ALL CAUTIONS,  SUSPENSIONS,  DEBAR-
 MENTS  AND  CANCELLATIONS OF A CONTRACT BASED UPON THE VENDOR'S BUSINESS
 CONDUCT, DECLARATIONS OF DEFAULT ON ANY CONTRACT  MADE  BY  ANY  GOVERN-
 MENTAL  ENTITY,  DETERMINATIONS  OF  INELIGIBILITY  TO BID OR PROPOSE ON
 CONTRACTS, AND WHETHER ANY PROCEEDINGS TO DETERMINE ELIGIBILITY  TO  BID
 OR PROPOSE ON CONTRACTS ARE PENDING;
   (12)  THE CONTRACT SANCTION HISTORY FOR THE PRIOR FIVE YEARS OF AFFIL-
 IATES OF THE VENDOR INCLUDING, BUT NOT LIMITED TO, ALL CAUTIONS, SUSPEN-
 SIONS, DEBARMENTS AND CANCELLATIONS OF A CONTRACT BASED UPON SUCH  ENTI-
 TY'S  BUSINESS  CONDUCT, DECLARATIONS OF DEFAULT ON ANY CONTRACT MADE BY
 ANY GOVERNMENTAL ENTITY,  DETERMINATIONS  OF  INELIGIBILITY  TO  BID  OR

 S. 3578                             4

 PROPOSE ON CONTRACTS, AND WHETHER ANY PROCEEDINGS TO DETERMINE ELIGIBIL-
 ITY TO BID OR PROPOSE ON CONTRACTS ARE PENDING;
   (13) THE NAME AND TELEPHONE NUMBER OF THE CHIEF CONTRACTING OFFICER OR
 OTHER  EMPLOYEE  OF  THE  MUNICIPALITY,  ELECTED OFFICIAL OR THE COUNCIL
 RESPONSIBLE FOR SUPERVISION OF THOSE CHARGED WITH DAY-TO-DAY  MANAGEMENT
 OF THE CONTRACT;
   (14)  JUDGMENTS OR INJUNCTIONS OBTAINED WITHIN THE PRIOR FIVE YEARS IN
 ANY JUDICIAL ACTIONS OR PROCEEDINGS INITIATED BY ANY  MUNICIPALITY,  ANY
 ELECTED OFFICIAL OR THE COUNCIL AGAINST THE CONTRACTOR WITH RESPECT TO A
 CONTRACT, AND ANY SUCH JUDICIAL ACTIONS OR PROCEEDINGS THAT ARE PENDING;
   (15)  RECORD OF ALL SANCTIONS IMPOSED WITHIN THE PRIOR FIVE YEARS AS A
 RESULT OF  JUDICIAL  OR  ADMINISTRATIVE  DISCIPLINARY  PROCEEDINGS  WITH
 RESPECT  TO ANY PROFESSIONAL LICENSES HELD BY THE VENDOR, OR A PRINCIPAL
 OWNER OR OFFICER OF THE VENDOR;
   (16) WHETHER STATE TAX RETURNS, WHERE REQUIRED, HAVE  BEEN  FILED  FOR
 THE PAST FIVE YEARS;
   (17) OUTSTANDING TAX WARRANTS AND UNSATISFIED TAX LIENS;
   (18)  INFORMATION  FROM PUBLIC REPORTS OF THE NEW YORK STATE ORGANIZED
 CRIME TASK FORCE WHICH INDICATES INVOLVEMENT IN CRIMINAL ACTIVITY;
   (19) CRIMINAL PROCEEDINGS PENDING AGAINST THE VENDOR, AND ANY  PRINCI-
 PAL OWNER OR OFFICER OF SUCH VENDOR;
   (20)  RECORD  OF  ALL  CRIMINAL CONVICTIONS OF THE VENDOR, ANY CURRENT
 PRINCIPAL OWNER OR OFFICER FOR ANY  CRIME  RELATED  TO  TRUTHFULNESS  OR
 BUSINESS CONDUCT AND FOR ANY OTHER FELONY COMMITTED WITHIN THE PRIOR TEN
 YEARS,  AND  OF  ANY FORMER PRINCIPAL OWNER OR OFFICER, WITHIN THE PRIOR
 TEN YEARS, FOR ANY CRIME RELATED TO TRUTHFULNESS OR BUSINESS CONDUCT AND
 FOR ANY OTHER FELONY COMMITTED WHILE HE OR SHE  HELD  SUCH  POSITION  OR
 STATUS;
   (21) ALL PENDING BANKRUPTCY PROCEEDINGS AND ALL BANKRUPTCY PROCEEDINGS
 INITIATED  WITHIN  THE PAST SEVEN YEARS BY OR AGAINST THE VENDOR AND ITS
 AFFILIATES;
   (22) WHETHER THE VENDOR HAS CERTIFIED  THAT  IT  WAS  NOT  FOUNDED  OR
 ESTABLISHED  OR  IS NOT OPERATED IN A MANNER TO EVADE THE APPLICATION OR
 DEFEAT THE PURPOSE OF THIS SECTION AND IS NOT THE SUCCESSOR, ASSIGNEE OR
 AFFILIATE OF AN  ENTITY  WHICH  IS  INELIGIBLE  TO  BID  OR  PROPOSE  ON
 CONTRACTS  OR AGAINST WHICH A PROCEEDING TO DETERMINE ELIGIBILITY TO BID
 OR PROPOSE ON CONTRACTS IS PENDING; AND
   (23) THE NAME AND MAIN BUSINESS  ADDRESS  OF  ANYONE  WHO  THE  VENDOR
 RETAINED,  EMPLOYED  OR  DESIGNATED  TO  INFLUENCE  THE  PREPARATION  OF
 CONTRACT SPECIFICATIONS OR THE SOLICITATION OR AWARD OF THE CONTRACT.
   3. SUBJECT TO THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION, MUNI-
 CIPALITIES MAY ENROLL WITH THE STATE COMPTROLLER TO  ACCESS  THE  SYSTEM
 MAINTAINED  BY THE COMPTROLLER TO COMPILE VENDOR RESPONSIBILITY INFORMA-
 TION. SUCH MUNICIPALITIES SHALL AGREE TO  AND  ABIDE  BY  THE  TERMS  OF
 SERVICE FOR SUCH SYSTEM AS THE STATE COMPTROLLER DEEMS NECESSARY.
   4. (A) FOR EACH CONTRACT OR SUBCONTRACT BETWEEN A VENDOR AND A SUBCON-
 TRACTOR  WHERE,  PURSUANT  TO  LAW  OR  BY  DIRECTION OF A MUNICIPALITY,
 DISCLOSURE FOR  VENDOR  RESPONSIBILITY  IS  REQUIRED,  THE  MUNICIPALITY
 SHALL:
   (1) PROVIDE NOTICE TO VENDORS BIDDING FOR PROCUREMENTS ADMINISTERED BY
 THE  MUNICIPALITY THAT ANY VENDOR AND SUBCONTRACTOR, SUBMITTING A VENDOR
 RESPONSIBILITY QUESTIONNAIRE SHALL DO SO VIA THE  SYSTEM  MAINTAINED  TO
 COMPILE VENDOR RESPONSIBILITY INFORMATION;
   (2)  PROVIDE VENDORS WITH INSTRUCTIONS ON HOW TO ELECTRONICALLY ACCESS
 THE SYSTEM AND PROVIDE CONTACT INFORMATION FOR ASSISTANCE  WITH  ENROLL-

 S. 3578                             5
 
 MENT.  THIS  INFORMATION  SHALL BE MADE AVAILABLE PRIOR TO THE TIME WHEN
 VENDORS ARE REQUIRED TO SUBMIT DISCLOSURE FOR VENDOR RESPONSIBILITY; AND
   (3)  ACCESS  THE SYSTEM TO OBTAIN AND EVALUATE ANY DATA SUBMITTED BY A
 VENDOR PROPOSED FOR CONTRACT  AWARD.  MUNICIPALITIES  SHALL  ENSURE  THE
 SUBMISSION FILED BY THE VENDOR MEETS SUCH SYSTEM'S TIMELINESS STANDARDS.
   (B) FOR CONTRACTS WHERE VENDOR DISCLOSURE IS NOT OTHERWISE REQUIRED, A
 MUNICIPALITY  AT ITS DISCRETION, MAY REQUIRE VENDORS BIDDING ON PROCURE-
 MENTS, AND/OR SUBCONTRACTORS, TO SUBMIT A  VENDOR  RESPONSIBILITY  QUES-
 TIONNAIRE VIA THE SYSTEM.
   (C)  A MUNICIPALITY SHALL PROVIDE ACCESS TO THE SYSTEM TO USERS WITHIN
 THEIR ORGANIZATION, AS DEEMED APPROPRIATE BY THE CHIEF EXECUTIVE OFFICER
 OF THE MUNICIPALITY OR HIS OR HER  DESIGNEE.  MUNICIPAL  USERS  PROVIDED
 WITH SUCH ACCESS SHALL BE THOSE INDIVIDUALS, WHO, AS PART OF THEIR OFFI-
 CIAL  JOB  DUTIES, ARE REQUIRED TO ASSESS AND/OR REVIEW VENDOR RESPONSI-
 BILITY FOR THE MUNICIPALITY'S CONTRACTS.
   5. ANNUALLY, ON OR BEFORE JANUARY THIRTIETH, EACH  MUNICIPALITY  SHALL
 ISSUE A REPORT WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING
 INFORMATION  FROM  THE  VENDOR RESPONSIBILITY SYSTEM IN WHICH IT PARTIC-
 IPATES FOR EACH CONTRACT  DURING  THE  IMMEDIATELY  PRECEDING  MUNICIPAL
 FISCAL YEAR:
   (A) THE TYPE AND DOLLAR AMOUNT OF EACH CONTRACT;
   (B) THE IDENTIFICATION OR REFERENCE NUMBER OF EACH CONTRACT, IF ANY;
   (C) THE NAMES OF THE VENDOR AND SUBCONTRACTORS OF THE CONTRACT; AND
   (D) THE MANNER IN WHICH THE CONTRACTOR WAS SELECTED INCLUDING, BUT NOT
 LIMITED  TO,  WHETHER  THE CONTRACTOR WAS THE LOWEST RESPONSIBLE BIDDER,
 WHETHER THE CONTRACTOR WAS SELECTED  WITHOUT  COMPETITION,  WHETHER  THE
 CONTRACTOR  WAS  SELECTED THROUGH AN EMERGENCY PROCEDURE, OR WHETHER THE
 CONTRACTOR WAS SELECTED THROUGH A REQUEST FOR PROPOSAL PROCEDURE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.