Bill Text: NY A03987 | 2013-2014 | General Assembly | Introduced

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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

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                           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