Bill Text: NY A10279 | 2021-2022 | General Assembly | Introduced
Bill Title: Authorizes guidelines governing the qualifications of bidders for public work contracts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-05-13 - referred to corporations, authorities and commissions [A10279 Detail]
Download: New_York-2021-A10279-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10279 IN ASSEMBLY May 13, 2022 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Paulin) -- read once and referred to the Committee on Corporations, Authorities and Commissions AN ACT to amend the public authorities law, in relation to authorizing the dormitory authority to utilize a prequalification list when seek- ing to bid or enter into a contract for public work The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1678 of the public authorities law is amended by 2 adding a new subdivision 33 to read as follows: 3 33. (a) Notwithstanding any law, rule or regulation to the contrary, 4 when awarding a contract for public work, the authority may establish 5 guidelines governing the qualifications of bidders seeking to bid or 6 enter into such contracts. If the authority maintains an appropriate 7 list of qualified bidders, the bidding shall be restricted to those who 8 have qualified prior to the receipt of bids according to standards fixed 9 by the authority. In determining whether a prospective bidder qualifies 10 for inclusion on a list of prequalified bidders, the authority shall 11 consider the experience and record of performance of the prospective 12 bidder in the particular type of work, as well as: (i) the prospective 13 bidder's ability to undertake the particular type and complexity of 14 work; (ii) the financial capability, responsibility and reliability of 15 the prospective bidder for such type and complexity of work; (iii) the 16 record of the prospective bidder in complying with existing labor stand- 17 ards and maintaining harmonious labor relations; (iv) the prospective 18 bidder's compliance with equal employment opportunity requirements and 19 anti-discrimination laws, and demonstrated commitment to working with 20 minority and women-owned businesses through joint ventures or subcon- 21 tractor relationships; and (v) the record of the prospective bidder in 22 protecting the health and safety of workers on public works projects and 23 job sites as demonstrated by the prospective bidder's experience modifi- 24 cation rate for each of the last three years. 25 (b) The authority shall, not less than annually, publish in a newspa- 26 per of general circulation or post in the New York State Contract Repor- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15675-01-2A. 10279 2 1 ter an advertisement requesting prospective bidders to submit qualifica- 2 tion statements. Lists of prequalified bidders may be established on a 3 project-specific basis. Prequalified lists shall include all bidders 4 that qualify; provided, however, that any such list shall have no less 5 than five bidders but shall remain open for all additional qualified 6 bidders. The authority's procedures for prequalifying bidders shall 7 include an appeals process for those denied a place on a prequalified 8 list. Any denial must be based upon substantial evidence, cannot be 9 arbitrary or capacious, and shall be subject to judicial review pursuant 10 to article seventy-eight of the civil practice law and rules. The 11 authority may move forward on the contract award during such appeals. 12 § 2. This act shall take effect immediately.
