Assembly Bill A2039

2009-2010 Legislative Session

Relates to the responsibility of bidders

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A2039 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
State Finance Law
Laws Affected:
Add ยง169, St Fin L
Versions Introduced in 2011-2012 Legislative Session:
A2879

2009-A2039 (ACTIVE) - Summary

Provides guidelines for the responsibility of bidders; defines terms; further provides certain guidelines contracting agencies shall follow when giving due consideration to the bidder's expertise etc.

2009-A2039 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2039

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by M. of A. CALHOUN -- read once and referred to the Commit-
  tee on Governmental Operations

AN ACT to amend the state finance law, in relation to the responsibility
  of bidders

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  state finance law is amended by adding a new section
169 to read as follows:
  S 169. GUIDELINES FOR DETERMINING THE RESPONSIBILITY OF BIDDERS.    1.
DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS UNLESS OTHERWISE SPECIFIED:
  A. "CONTRACTING AGENCY" SHALL MEAN ANY STATE AGENCY, AUTHORITY, BOARD,
COMMISSION OR ANY OTHER INSTRUMENTALITY OF THE STATE; PROVIDED, HOWEVER,
THAT  THIS SECTION SHALL NOT BE DEEMED TO APPLY TO ANY MUNICIPAL GOVERN-
MENT.
  B. "CONTRACT" SHALL MEAN ANY MATERIAL  OR  SERVICE  CONTRACT  THAT  IS
REQUIRED BY STATUTE TO BE LET BY COMPETITIVE BID TO THE LOWEST RESPONSI-
BLE BIDDER OR ANY MATERIAL OR SERVICE CONTRACT FOR WHICH THE CONTRACTING
AGENCY  HAS  LET  A  COMPETITIVE BID OR REQUEST FOR PROPOSAL, ABSENT ANY
STATUTORY MANDATE TO DO SO.
  C. "BIDDER," "CONTRACTOR" AND "SUBCONTRACTOR" SHALL MEAN  ANY  PERSON,
PARTNERSHIP,  FIRM,  CORPORATION  OR  BUSINESS  ENTITY  SUBMITTING  TO A
COMPETITIVE BID FOR, RECEIVING THE AWARD OF, OR SUBMITTED  FOR  APPROVAL
AS A SUBCONTRACTOR ON, A CONTRACT BY ANY CONTRACTING AGENCY.
  2.  IN  DETERMINING  THE  RESPONSIBILITY  OF  A  BIDDER, CONTRACTOR OR
SUBCONTRACTOR, ALL CONTRACTING AGENCIES SHALL GIVE DUE CONSIDERATION  TO
THE BIDDER'S, CONTRACTOR'S OR SUBCONTRACTOR'S:
  A. EXPERTISE,
  B. PRIOR EXPERIENCE IN THE JOB TO BE PERFORMED,
  C.  FINANCIAL RESOURCES TO PERFORM THE WORK OF THE CONTRACT OR SUBCON-
TRACT IN A TIMELY, COMPETENT AND ACCEPTABLE MANNER,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02394-01-9

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