Bill Text: NY S05659 | 2011-2012 | 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 4-0)

Status: (Introduced - Dead) 2012-08-15 - PRINT NUMBER 5659C [S05659 Detail]

Download: New_York-2011-S05659-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5659
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     June 9, 2011
                                      ___________
       Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
         printed to be committed 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 FOR A PERIOD OF
   10  THREE YEARS FROM THE DATE ON WHICH THE NAME OF THE PERSON OR  ENTITY  IS
   11  PUBLISHED  IN  THE  LIST  OF  DEBARRED CONTRACTORS PURSUANT TO 40 U.S.C.
   12  3144. THE DEPARTMENT WILL NOTIFY THE PERSON  OR  ENTITY  IMMEDIATELY  OF
   13  SUCH INELIGIBILITY AND SUCH PERSON OR ENTITY MUST BE AFFORDED THE OPPOR-
   14  TUNITY TO APPEAL TO THE DEPARTMENT.
   15    S  2.  Section 103 of the general municipal law is amended by adding a
   16  new subdivision 1-b to read as follows:
   17    1-B. IN DETERMINING THE LOWEST RESPONSIBLE BIDDER, THE OFFICER,  BOARD
   18  OR  AGENCY  OF  ANY  POLITICAL  SUBDIVISION  OR  OF ANY DISTRICT THEREIN
   19  CHARGED WITH AWARDING OF CONTRACTS, SHALL CONSIDER WHETHER  OR  NOT  THE
   20  BIDDER,  OR  A  PERSON  OR  ENTITY  WITH AN INTEREST OF AT LEAST TEN PER
   21  CENTUM IN THE BIDDER, IS DEBARRED FOR HAVING DISREGARDED OBLIGATIONS  TO
   22  EMPLOYEES  UNDER  THE  DAVIS-BACON ACT PURSUANT TO 40 U.S.C. 3144 AND 29
   23  C.F.R. 5.12, IN MAKING SUCH DETERMINATION OF AWARD.
   24    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10848-01-1