Bill Text: NY A00399 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the labor law, in relation to establishing the responsibility of contractors and subcontractors on public work projects and establishing a construction contract lowest responsible bidder registry
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Introduced - Dead) 2010-01-06 - referred to labor [A00399 Detail]
Download: New_York-2009-A00399-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
399
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. JOHN, NOLAN, PERALTA, SCHROEDER -- Multi-Spon-
sored by -- M. of A. GALEF, GOTTFRIED, HEASTIE, LIFTON, V. LOPEZ,
PERRY, PHEFFER, WEINSTEIN, WEISENBERG -- read once and referred to the
Committee on Labor
AN ACT to amend the labor law, in relation to establishing the responsi-
bility of contractors and subcontractors on public work projects and
establishing a construction contract lowest responsible bidder regis-
try
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph b of subdivision 3 of section 220-b of the labor
2 law is amended by adding a new subparagraph 3 to read as follows:
3 (3) WHEN ANY PERSON OR CORPORATION, OR ANY OFFICER, DIRECTOR, OWNER
4 AND/OR MANAGERIAL EMPLOYEE OF A CORPORATION, HAS BEEN CONVICTED OF A
5 FELONY WITH RESPECT TO A PUBLIC WORK PROJECT WITH THE STATE, A MUNICIPAL
6 CORPORATION, PUBLIC BENEFIT CORPORATION OR PUBLIC BODY AND SUCH FELONY
7 ARISES FROM A VIOLATION OF THIS CHAPTER IN CONNECTION WITH SUBMITTING A
8 COMPETITIVE BID FOR OR FULFILLING THE OBLIGATIONS OF A PUBLIC WORK
9 CONTRACT, OR IS RELATED TO THE EMPLOYMENT OF PERSONS ON SUCH PROJECT,
10 SUCH PERSON OR CORPORATION SHALL BE INELIGIBLE TO SUBMIT A BID ON OR BE
11 AWARDED ANY PUBLIC WORK CONTRACT WITH THE STATE, OR ANY MUNICIPAL CORPO-
12 RATION, PUBLIC BENEFIT CORPORATION OR PUBLIC BODY FOR A PERIOD OF FIVE
13 YEARS FROM THE DATE OF SUCH FELONY CONVICTION.
14 S 2. The labor law is amended by adding two new sections 220-i and
15 220-j to read as follows:
16 S 220-I. CONTRACTOR AND SUBCONTRACTOR RESPONSIBILITY. 1. FOR THE
17 PURPOSE OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
18 MEANINGS UNLESS OTHERWISE SPECIFIED:
19 A. "BIDDER", "APPARENT LOWEST BIDDER", "CONTRACTOR" AND "SUBCONTRAC-
20 TOR" SHALL MEAN ANY PERSON, PARTNERSHIP, FIRM, LIMITED LIABILITY COMPA-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02549-01-9
A. 399 2
1 NY, CORPORATION OR BUSINESS ENTITY SUBMITTING A COMPETITIVE BID FOR,
2 RECEIVING THE AWARD OF OR SUBMITTED FOR APPROVAL AS A SUBCONTRACTOR ON A
3 CONTRACT BY ANY ONE OF THE CONTRACTING ENTITIES.
4 B. "CONTRACT" SHALL MEAN ANY CONSTRUCTION CONTRACT WITH A VALUE IN
5 EXCESS OF TEN THOUSAND DOLLARS WHICH IS REQUIRED BY LAW TO BE LET BY
6 COMPETITIVE BID TO THE LOWEST RESPONSIBLE BIDDER OR ANY CONSTRUCTION
7 CONTRACT FOR WHICH THE CONTRACTING ENTITY HAS LET A COMPETITIVE BID OR
8 REQUEST FOR PROPOSAL, ABSENT ANY STATUTORY MANDATE TO DO SO.
9 C. "CONTRACTING ENTITY" SHALL MEAN THE STATE OR ANY PUBLIC BENEFIT
10 CORPORATION, MUNICIPAL CORPORATION, CHARTER SCHOOL, COMMISSION APPOINTED
11 PURSUANT TO LAW, OR ANY SIMILAR ENTITY WHICH IS FINANCED IN WHOLE OR IN
12 PART THROUGH AN INDUSTRIAL DEVELOPMENT AGENCY, JOB DEVELOPMENT AUTHORI-
13 TY, THE DORMITORY AUTHORITY, THE STATE UNIVERSITY CONSTRUCTION FUND, OR
14 THE NEW YORK STATE THRUWAY AUTHORITY.
15 2. IN DELIBERATING UPON THE RESPONSIBILITY OF A BIDDER, CONTRACTOR OR
16 SUBCONTRACTOR ON A CONTRACT, TO WHICH THE STATE, OR A PUBLIC BENEFIT
17 CORPORATION, MUNICIPAL CORPORATION, CHARTER SCHOOL, COMMISSION APPOINTED
18 PURSUANT TO LAW IS A PARTY OF WHICH IS FINANCED IN WHOLE OR IN PART
19 THROUGH AN INDUSTRIAL DEVELOPMENT AGENCY, JOB DEVELOPMENT AUTHORITY, THE
20 DORMITORY AUTHORITY, THE STATE UNIVERSITY CONSTRUCTION FUND, THE NEW
21 YORK STATE THRUWAY AUTHORITY OR SIMILAR PUBLIC ENTITY, THE CONTRACTING
22 ENTITY SHALL GIVE DUE CONSIDERATION TO ANY CREDIBLE EVIDENCE OR RELIABLE
23 INFORMATION THAT THE PAST OR CURRENT RECORD OF A BIDDER OR PROPOSED
24 SUBCONTRACTOR SHALL WARRANT A DETERMINATION THAT SUCH BIDDER OR SUBCON-
25 TRACTOR IS NOT A RESPONSIBLE BIDDER.
26 THE CONTRACTING ENTITY, IN DETERMINING THE RESPONSIBILITY OF THE
27 APPARENT LOWEST BIDDER SHALL REQUIRE, AND THE APPARENT LOWEST RESPONSI-
28 BLE BIDDER SHALL PROVIDE, THE FOLLOWING INFORMATION IN ORDER FOR THE
29 CONTRACTING ENTITY TO DETERMINE THE PECUNIARY AND FINANCIAL RESPONSIBIL-
30 ITY, ACCOUNTABILITY, OPERATIONAL RESPONSIBLENESS, RELIABILITY, SKILL,
31 CAPACITY, ABILITY, JUDGMENT, INTEGRITY AND MORAL WORTH OF THE APPARENT
32 LOWEST RESPONSIBLE BIDDER:
33 A. A DESCRIPTION OF ITS EXPERIENCE WITH PROJECTS OF COMPARATIVE SIZE,
34 COMPLEXITY, AND COST WITHIN THE PAST FIVE YEARS, TOGETHER WITH DOCUMEN-
35 TARY EVIDENCE OF SUCH PROJECTS; AND A DEMONSTRATION OF CONTRACTOR'S
36 ABILITY AND CAPACITY TO PERFORM A SUBSTANTIAL PORTION OF THE PROJECT
37 WITH HIS OR HER OWN WORK FORCE;
38 B. DOCUMENTATION FROM PREVIOUS PROJECTS REGARDING TIMELINESS OF
39 PERFORMANCE; QUALITY OF WORK; EXTENSION REQUESTS; LABOR DISPUTES; LITI-
40 GATION AND/OR ARBITRATION ARISING FROM SUCH WORK, INCLUDING FINES AND
41 PENALTIES IMPOSED AND PAYMENT THEREOF; LIENS FILED; HISTORY OF CLAIMS
42 FOR EXTRA WORK; CONTRACT DEFAULTS; AND AN EXPLANATION OF THE SAME;
43 C. IDENTIFICATION AND DESCRIPTION OF ANY PROJECTS WITHIN THE PREVIOUS
44 FIVE YEARS THAT THE APPARENT LOWEST BIDDER WAS DETERMINED BY THE
45 CONTRACTING ENTITY NOT TO BE A RESPONSIBLE BIDDER, AND THE REASONS GIVEN
46 BY SUCH ENTITY THEREFORE, TOGETHER WITH AN EXPLANATION THEREOF;
47 D. AN ADEQUATE DEMONSTRATION OF FINANCIAL RESPONSIBILITY, WHICH MAY
48 INCLUDE A CERTIFIED FINANCIAL STATEMENT PREPARED BY A CERTIFIED PUBLIC
49 ACCOUNTANT, TO ASSURE THAT THE APPARENT LOWEST RESPONSIBLE BIDDER
50 POSSESSES ADEQUATE RESOURCES AND AVAILABILITY OF CREDIT AND THE MEANS
51 AND ABILITY TO PROCURE INSURANCE AND BONDS REQUIRED FOR THE PROJECT;
52 E. DISCLOSURE OF ANY SUSPENSIONS OR REVOCATIONS OF ANY PROFESSIONAL
53 LICENSE OF ANY DIRECTOR, OFFICER, OWNER OR MANAGERIAL EMPLOYEE OF THE
54 APPARENT LOWEST RESPONSIBLE BIDDER, TO THE EXTENT THAT ANY WORK TO BE
55 PERFORMED IS WITHIN THE FIELD OF SUCH LICENSED PROFESSION;
A. 399 3
1 F. DISCLOSURE OF ANY AND ALL FEDERAL OFFICE OF SAFETY AND HEALTH
2 ADMINISTRATION VIOLATIONS WITHIN THE PREVIOUS FIVE YEARS, AS WELL AS ALL
3 NOTICES OF SUCH VIOLATIONS FILED AGAINST THE APPARENT LOWEST BIDDER IN
4 THE SAME FIVE YEAR PERIOD, TOGETHER WITH A DESCRIPTION AND EXPLANATION
5 OF REMEDIATION OR OTHER STEPS TAKEN REGARDING SUCH VIOLATIONS AND
6 NOTICES OF VIOLATIONS;
7 G. DISCLOSURE OF ANY AND ALL VIOLATIONS OF THIS ARTICLE AND ANY OTHER
8 PROVISION OF THIS CHAPTER, INCLUDING, BUT NOT LIMITED TO, CHILD LABOR
9 VIOLATIONS, FAILURE TO PAY WAGES AND UNEMPLOYMENT INSURANCE TAX DELIN-
10 QUENCIES WITHIN THE PAST FIVE YEARS;
11 H. CERTIFICATION AND LIST OF EQUIPMENT OWNED AND/OR LEASED BY THE
12 APPARENT LOWEST RESPONSIBLE BIDDER THAT WILL BE UTILIZED ON THE PROJECT,
13 TOGETHER WITH MAINTENANCE RECORDS AND SUCH ASSURANCES REGARDING SAFETY
14 THEREOF AS THE CONTRACTING ENTITY CONSIDERS APPROPRIATE;
15 I. DISCLOSURE OF ANY LITIGATION, INCLUDING COPIES OF PLEADINGS, IN
16 WHICH THE APPARENT LOWEST BIDDER HAS BEEN NAMED A DEFENDANT OR THIRD
17 PARTY DEFENDANT IN AN ACTION INVOLVING A CLAIM FOR PERSONAL INJURY OR
18 WRONGFUL DEATH, ARISING FROM PERFORMANCE OF WORK RELATED TO ANY PROJECT
19 IN WHICH IT HAS BEEN ENGAGED WITHIN THE PREVIOUS FIVE YEARS;
20 J. DISCLOSURE OF VIOLATIONS OF THE WORKERS' COMPENSATION LAW, INCLUD-
21 ING, BUT NOT LIMITED TO THE FAILURE TO PROVIDE PROOF OF WORKERS' COMPEN-
22 SATION OR DISABILITY COVERAGE AND/OR ANY LAPSES THEREOF;
23 K. DISCLOSURE OF ANY FELONY CONVICTIONS, INVOLVING THE LOWEST RESPON-
24 SIBLE BIDDER, ITS OFFICERS, DIRECTORS, OWNERS AND/OR MANAGERIAL EMPLOY-
25 EES WITHIN THE PAST FIVE YEARS;
26 L. DISCLOSURE OF ANY VIOLATIONS WITHIN THE PAST FIVE YEARS OR PENDING
27 CHARGES CONCERNING FEDERAL, STATE OR MUNICIPAL ENVIRONMENTAL AND/OR
28 HEALTH LAWS, CODES, RULES AND/OR REGULATIONS; AND
29 M. IDENTIFY ALL WORK TO BE SUBCONTRACTED ALONG WITH ITS VALUE AND WHEN
30 REQUESTED BY THE CONTRACTING ENTITY, THE FIRM OR FIRMS TO WHICH THE WORK
31 WILL BE SUBCONTRACTED; THE APPROVAL OF THE SUBCONTRACTORS BY THE
32 CONTRACTING ENTITY, AS PROVIDED IN THE GENERAL CONDITIONS, SHALL BE
33 SUBJECT TO THE SAME EVALUATION OF RESPONSIBILITY CONTAINED WITHIN THIS
34 SECTION.
35 3. PRIOR TO A FINAL DETERMINATION THAT THE APPARENT LOWEST RESPONSIBLE
36 BIDDER IS NOT RESPONSIBLE, THE CONTRACTING ENTITY SHALL NOTIFY THE PARTY
37 OF SAME, IN WRITING, STATING THE REASONS FOR A DECLINATION, AND SETTING
38 FORTH A TIME, DATE AND PLACE FOR THE APPARENT LOWEST BIDDER TO APPEAR
39 AND BE HEARD, PRIOR TO SUCH DETERMINATION BEING MADE REGARDING ITS
40 RESPONSIBILITY.
41 IN THE EVENT OF A FINAL DETERMINATION THAT THE APPARENT LOWEST RESPON-
42 SIBLE BIDDER IS NOT RESPONSIBLE, OR THAT THE APPARENT LOWEST RESPONSIBLE
43 BIDDER FAILED TO PROVIDE THE REQUIRED INFORMATION AND THEREBY IS
44 DISQUALIFIED, THE NEXT LOWEST RESPONSIBLE BIDDER SHALL BECOME THE APPAR-
45 ENT LOWEST RESPONSIBLE BIDDER AND SHALL BE SUBJECT TO THE REQUIREMENTS
46 CONTAINED IN THIS SECTION.
47 S 220-J. CONSTRUCTION CONTRACT LOWEST RESPONSIBLE BIDDER REGISTRY. 1.
48 THE COMMISSIONER SHALL ESTABLISH RULES AND REGULATIONS PROVIDING FOR THE
49 ESTABLISHMENT OF A CENTRALIZED CONSTRUCTION CONTRACT LOWEST RESPONSIBLE
50 BIDDER REGISTRY. EACH CONTRACTING ENTITY, AS DEFINED IN SECTION TWO
51 HUNDRED TWENTY-I OF THIS ARTICLE, UPON AWARDING A CONSTRUCTION CONTRACT
52 PURSUANT TO COMPETITIVE BID, SHALL PROVIDE THE COMMISSIONER WITH A COPY
53 OF THE DOCUMENTATION SUBMITTED BY THE BIDDER UNDER THE REQUIREMENTS OF
54 SUCH SECTION.
55 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMISSIONER SHALL
56 MAKE AVAILABLE ANY AND ALL INFORMATION INCLUDED IN THE CONSTRUCTION
A. 399 4
1 CONTRACT LOWEST RESPONSIBLE BIDDER REGISTRY TO ANY INDIVIDUAL REQUESTING
2 SUCH IN WRITING.
3 S 3. This act shall take effect on the sixtieth day after it shall
4 have become a law.
