Bill Text: NY A03987 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to reciprocity of debarments imposed under the federal Davis-Bacon Act; provides that any contractor who has been debarred from federal job sites for having disregarded obligations to employees under the Davis-Bacon Act shall also be debarred under the labor law from bidding on or being awarded similar contracts on public work job sites sponsored by the state or any of its political subdivisions; provides that the contractor may appeal such a determination to the department of labor; provides that whether or not a contractor is debarred under the Davis-Bacon Act will be considered in the selection of a lowest responsible bidder.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2014-02-06 - advanced to third reading cal.437 [A03987 Detail]
Download: New_York-2013-A03987-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 3987 2013-2014 Regular Sessions I N A S S E M B L Y January 30, 2013 ___________ Introduced by M. of A. ABBATE -- read once and referred to the Committee on Labor AN ACT to amend the labor law and the general municipal law, in relation to reciprocity of debarments imposed under the federal Davis-Bacon Act 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 ENTITY IS DEBARRED FOR HAVING DISREGARDED OBLI- 4 GATIONS TO EMPLOYEES UNDER THE DAVIS-BACON ACT PURSUANT TO 40 U.S.C. 5 3144 AND 29 C.F.R. 5.12, SUCH PERSON OR ENTITY, AND ANY FIRM, CORPO- 6 RATION, PARTNERSHIP OR ASSOCIATION IN WHICH THE PERSON OR ENTITY OWNS OR 7 CONTROLS AT LEAST TEN PER CENTUM, SHALL BE INELIGIBLE TO SUBMIT A BID ON 8 OR BE AWARDED ANY PUBLIC WORKS CONTRACT WITH THE STATE, ANY MUNICIPAL 9 CORPORATION, PUBLIC BENEFIT CORPORATION OR PUBLIC BODY WHILE THE NAME OF 10 THE PERSON OR ENTITY IS PUBLISHED IN THE LIST OF DEBARRED CONTRACTORS 11 PURSUANT TO 40 U.S.C. 3144. THE DEPARTMENT WILL NOTIFY THE PERSON OR 12 ENTITY IMMEDIATELY OF SUCH INELIGIBILITY AND SUCH PERSON OR ENTITY MUST 13 BE AFFORDED THE OPPORTUNITY TO APPEAL TO THE DEPARTMENT. 14 S 2. Section 103 of the general municipal law is amended by adding a 15 new subdivision 1-c to read as follows: 16 1-C. IN DETERMINING THE LOWEST RESPONSIBLE BIDDER, THE OFFICER, BOARD 17 OR AGENCY OF ANY POLITICAL SUBDIVISION OR OF ANY DISTRICT THEREIN 18 CHARGED WITH AWARDING OF CONTRACTS, SHALL CONSIDER WHETHER OR NOT THE 19 BIDDER, OR A PERSON OR ENTITY WITH AN INTEREST OF AT LEAST TEN PER 20 CENTUM IN THE BIDDER, IS DEBARRED FOR HAVING DISREGARDED OBLIGATIONS TO 21 EMPLOYEES UNDER THE DAVIS-BACON ACT PURSUANT TO 40 U.S.C. 3144 AND 29 22 C.F.R. 5.12, IN MAKING SUCH DETERMINATION OF AWARD. 23 S 3. This act shall take effect immediately and shall apply prospec- 24 tively to all public work bids and contracts. It shall not apply 25 retroactively to previously issued or existing public work contracts 26 with the state, any municipal corporation, public benefit company or 27 public body. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07996-01-3