Bill Text: NY S02120 | 2009-2010 | General Assembly | Introduced

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Bill Title: Relates to contracts by the New York City school construction authority; provides that a bid shall not be rejected or be deemed invalid, impaired or in any manner defective solely for harmless, technical, or ministerial defects, where the intent is clearly discernible and unintentional, provided, however, that this section shall not be deemed to relieve any bidder from any criminal or civil liability as may be imposed by reason of his or her act, nor enlarge the actual authority of any officer of the authority, nor, except as stated in this sentence, limit any other statute or rule of law.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS [S02120 Detail]

Download: New_York-2009-S02120-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2120
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   February 11, 2009
                                      ___________
       Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Corporations,  Authorities
         and Commissions
       AN  ACT to amend the public authorities law, in relation to contracts by
         the New York city school construction authority
         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 2 of section 1734 of the public
    2  authorities law, as added by chapter 738 of the laws of 1988, is amended
    3  to read as follows:
    4    b. The authority may reject all bids and obtain new bids in the manner
    5  provided by this section when it deems it in the public interest  to  do
    6  so  or,  in cases where two or more responsible bidders submit identical
    7  bids which are the lowest bids,  award  the  contract  to  any  of  such
    8  bidders or obtain new bids from such bidders. Nothing herein shall obli-
    9  gate the authority to seek new bids after the rejection of bids or after
   10  cancellation  of  an  invitation  to  bid. Nothing in this section shall
   11  prohibit the evaluation of bids on the basis of costs or savings includ-
   12  ing life cycle costs  of  the  item  to  be  purchased,  discounts,  and
   13  inspection  services  so  long  as the invitation to bid reasonably sets
   14  forth the criteria to be used in evaluating such costs or savings.  Life
   15  cycle  costs  may  include  but shall not be limited to costs or savings
   16  associated with installation, energy  use,  maintenance,  operation  and
   17  salvage  or disposal.  A BID SHALL NOT BE REJECTED OR BE DEEMED INVALID,
   18  IMPAIRED OR IN ANY MANNER DEFECTIVE SOLELY FOR HARMLESS,  TECHNICAL,  OR
   19  MINISTERIAL  DEFECTS,  WHERE THE INTENT IS CLEARLY DISCERNIBLE AND UNIN-
   20  TENTIONAL, PROVIDED, HOWEVER, THAT THIS SECTION SHALL NOT BE  DEEMED  TO
   21  RELIEVE  ANY  BIDDER  FROM  ANY  CRIMINAL  OR  CIVIL LIABILITY AS MAY BE
   22  IMPOSED BY REASON OF HIS OR HER ACT, NOR ENLARGE THE ACTUAL AUTHORITY OF
   23  ANY OFFICER OF THE AUTHORITY, NOR, EXCEPT AS STATED  IN  THIS  SENTENCE,
   24  LIMIT ANY OTHER STATUTE OR RULE OF LAW.
   25    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07648-01-9