S. 6055 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. 6055 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. 6055 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. 6055 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.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.