Bill Text: NY A02000 | 2025-2026 | General Assembly | Introduced

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Bill Title: Relates to making contractors, subcontractors, and substantially owned-affiliated entities that have been debarred under the Davis-Bacon Act (40 U.S.C. 3144) ineligible to bid for or be awarded public works contracts.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2025-01-14 - referred to labor [A02000 Detail]

Download: New_York-2025-A02000-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2000

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2025
                                       ___________

        Introduced  by  M.  of A. SLATER, DURSO -- read once and referred to the
          Committee on Labor

        AN ACT to amend the labor law and the general municipal law, in relation
          to requiring certain entities to disclose if they have  been  debarred
          from being awarded public contracts

          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 4 to read as follows:
     3    (4)  (i)  When any contractor, subcontractor, or person is debarred by
     4  the federal or any state or territorial government,   for having  disre-
     5  garded obligations to employees under the Davis-Bacon act pursuant to 40
     6  U.S.C.   3144, such contractor, subcontractor, or person shall be ineli-
     7  gible to submit a bid on or be awarded any public work contract with the
     8  state or any  municipal  corporation,  public  benefit  corporation,  or
     9  public body during such period of debarment.
    10    (ii) When the fiscal officer determines that a contractor, subcontrac-
    11  tor  or  person is a "substantially owned-affiliated entity", as defined
    12  by paragraph g of subdivision five of section two hundred twenty of this
    13  article, in relation to a contractor, subcontractor, or person  debarred
    14  under  clause (i) of this subparagraph, such substantially owned-affili-
    15  ated entity shall be ineligible to submit a bid or be awarded any public
    16  work contract with the state or any municipal corporation, public  bene-
    17  fit corporation, or public body for the duration of the remaining period
    18  of debarment of such contractor, subcontractor, or person debarred under
    19  clause  (i) of this subparagraph. In order for a substantially owned-af-
    20  filiated entity to be debarred pursuant to this  clause,  such  substan-
    21  tially  owned-affiliated entity must have had substantial involvement in
    22  the day to day management of the contractor,  subcontractor,  or  person
    23  debarred under clause (i) of this subparagraph.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05027-01-5
        A. 2000                             2

     1    (iii)  Any  contractor, subcontractor, or person debarred under clause
     2  (i)  of  this  subparagraph  or  substantially  owned-affiliated  entity
     3  debarred  under  clause  (ii) of this subparagraph shall be added to New
     4  York state's list of  debarred  entities  pursuant  to  executive  order
     5  number one hundred ninety-two of two thousand nineteen.
     6    (iv)  Any  determinations  made pursuant to this subparagraph shall be
     7  subject to review pursuant to article seventy-eight of the  civil  prac-
     8  tice law and rules.
     9    §  2.  Section 103 of the general municipal law is amended by adding a
    10  new subdivision 1-d to read as follows:
    11    1-d. In determining the lowest responsible bidder, the officer, board,
    12  or agency of any  political  subdivision  or  of  any  district  therein
    13  charged  with  awarding  of contracts, shall consider whether or not the
    14  bidder, or any "substantially owned-affiliated entity",  as  defined  by
    15  paragraph  g  of  subdivision  five of section two hundred twenty of the
    16  labor law, has been debarred by the federal or any state or  territorial
    17  government.
    18    §  3. This act shall take effect one year after it shall have become a
    19  law and shall apply to all public works bids and contracts solicited  on
    20  or  after  such  effective  date;  provided, however, this act shall not
    21  apply retroactively  to  previously  issued  or  existing  public  works
    22  contracts,  with  the state or any municipal corporation, public benefit
    23  corporation, or public body.