NY State Assembly Bill 2009-A9782

Assembly Bill A9782

2009-2010 Legislative Session

Relates to requirements for selecting the lowest responsible bidder for certain public works contracts

download bill text pdf

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 26, 2010	referred to local governments

2009-A9782 (ACTIVE) - Details

Current Committee:: Assembly Local Governments
Law Section:: State Finance Law
Laws Affected:: Add §135-b, St Fin L; add §100-b, Gen Muni L
Versions Introduced in 2011-2012 Legislative Session:: A3017

2009-A9782 (ACTIVE) - Summary

Relates to requirements for selecting the lowest responsible bidder for certain public works contracts; requires the submission of a questionnaire to the contracting agency and the comptroller.

2009-A9782 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A9782

TITLE  OF  BILL:   An act to amend the state finance law and the general
municipal law, in relation to  requirements  for  selecting  the  lowest
responsible bidder for certain public works contracts

PURPOSE OR GENERAL IDEA OF BILL:

Section 1 adds a new section 135-b to the state finance law to establish
responsibility standards for bidders of public work contracts awarded by
state agencies and public authorities.

* Subdivision 1 defines a responsible bidder to mean a bidder who is not
disqualified  from receiving a public work contract because its contrac-
tors or subcontractors failed to meet certain responsibility standards.
* Subdivision 2 requires each contractor and  subcontractor  for  public
work  to  complete a responsibility questionnaire. The State Comptroller
would maintain the information in a  database,  which  state  and  local
contracting  officials  would  be  required  to review before awarding a
contract.
* Subdivision 3 lists the contents of the  questionnaire  which  include
identification  of principals, owners, officers and shareholders with 5%
or more of the firm's stock; type of business entity; identification  of
subcontractors;  use  of apprenticeship training; violations of state or
federal prevailing wage, unemployment insurance, workers'  compensation,
environmental  and  other labor laws; failure to file tax returns or any

tax liabilities  or  judgments;  criminal  history  of  business-related
activity;  contract  sanction  history  including debarments; expertise;
fiscal resources; and proof of surety bonding and workers' compensation.
* Subdivision 4 requires affirmation of  the  questionnaire  for  truth,
accuracy and completeness.
*  Subdivision  5 disqualifies a bidder whose contractors or subcontrac-
tors lack workers'  compensation  coverage;  violated  prevailing  wage,
workers' compensation, unemployment insurance or other laws within spec-
ified periods; or failed to provide apprenticeship training. Bidders may
also  be  disqualified  who lack adequate expertise or fiscal resources,
use unsafe equipment, submit bids that are disproportionately lower than
the agency's estimate or are mathematically  or  materially  unbalanced;
fail  to  comply  with state or federal requirements for using minority-
owned,  women-owned  or  disadvantaged  businesses;  present  false   or
misleading information; or present other cause to question the capabili-
ty and responsibility of the contractor and subcontractors.

Section  2  adds  a  new  section  100-b to the general municipal law to
establish similar responsibility standards  and  requirements  to  award
local public work contracts.

EXISTING LAW:

State  finance  law  section  135, general municipal law section 103 and
other sections of state law require various state and local agencies and

public authorities to award public work contracts to the lowest  respon-
sible bidder but do not define the term "responsible."

JUSTIFICATION:

State  and  local public work contracts above certain dollar amounts are
required to be awarded to the lowest responsible bidder.  There  are  no
standards  in  the  law,  however,  for  contracting officials to use in
determining who is a  responsible  bidder.  As  a  result,  public  work
contracts  are  awarded  using  different standards throughout New York.
Many contracting officials understand that contractors who fail  to  pay
prevailing  wages  and  payroll  taxes, tail to provide workers' compen-
sation, or who possess a criminal record related  to  business  activity
are  not  responsible  bidders.  In  the  end though, since the law also
allows agencies to consider the lowest bid, award  decisions  are  often
driven by cost savings.

This  gap  in the law has serious consequences for law-abiding employers
and workers alike. The lack of responsibility standards allows unscrupu-
lous contractors to win bids even though  they  misclassify  workers  as
independent  contractors  to avoid paying unemployment taxes, prevailing
wages, workers' compensation and disability insurance. This  creates  an
unlevel  playing field for employers who submit higher bids because they
rightly pay prevailing wages and provide  apprenticeship  training.  The
welfare and safety of employees are also placed at risk.  Workers do not
receive  prevailing  wages, or workers' compensation benefits if injured
on the job. They also often lack needed training because their employers
do not participate in apprenticeship training programs.

Irresponsible contractors and subcontractors create additional costs for
local and state governments. Municipalities are hurt when local  workers
bring  home insufficient paychecks to support local businesses and local
taxes. Injured employees without  workers'  compensation  or  disability
coverage  can  turn to public assistance. Poorly built projects generate
new costs in terms of needed repairs, delay and enforcement actions. For
the State, millions of dollars in uncollected revenues from unemployment
and other payroll taxes are siphoned off  into  New  York's  underground
economy.

The problems caused by irresponsible bidders have existed for decades in
the  New  York  State.  In April 2009, a legislative hearing was held to
study the problems under the current law and determine whether  the  law
should be changed. Testimony was presented by state and local government
officials,  employee  and employer organizations, and others with first-
hand knowledge of the  economic,  social,  and  brick-and-mortar  impli-
cations  from irresponsible bidding. Among the best practices used today
by many jurisdictions in New York  and  elsewhere  is  a  responsibility
questionnaire  that  public  work  contractors  and  subcontractors must
complete and agencies must  review  prior  to  awarding  a  public  work
contract. The questionnaires determine whether potential contractors and
subcontractors  for  public  work  comply with prevailing wage and other
labor laws, maintain unemployment and  workers'  compensation  coverage,

use  apprenticeship  training  programs, have not been involved in busi-
ness-related criminal activity, possess adequate  expertise  and  fiscal
resources, and meet other responsibility standards. The use of standards
also  helps  reduce  the frequency of litigation brought by unsuccessful
bidders who often challenge the objectivity of  public  work  awards  by
contracting officials.

These  reforms  to the State's lowest responsible bidding law will bring
much-needed and long overdue reform to the way state and local  agencies
use  public  money  to award public work contracts. The legislation will
also expand opportunities for qualified minority and  women-owned  busi-
nesses to perform public work contracts.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

Modifications  to  the  existing  computerized database for state public
work contracts is expected to be minimal.

EFFECTIVE DATE:

This bill would take effect 90 days after its enactment into law.

2009-A9782 (ACTIVE) - Bill Text download pdf

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

                                  9782

                          I N  A S S E M B L Y

                            January 26, 2010
                               ___________

Introduced  by  M.  of  A.  SCHROEDER  --  read once and referred to the
  Committee on Local Governments

AN ACT to amend the state finance law and the general municipal law,  in
  relation  to  requirements for selecting the lowest responsible bidder
  for certain public works contracts

  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
135-b to read as follows:
  S 135-B. LOWEST RESPONSIBLE BIDDER. 1. DEFINITION. FOR THE PURPOSES OF
THIS ARTICLE, "LOWEST RESPONSIBLE BIDDER" SHALL MEAN THE  PERSON,  FIRM,
CORPORATION,  CONTRACTOR  OR  SUBCONTRACTOR OR OTHER ENTITY SUBMITTING A
BID FOR A PUBLIC WORK CONTRACT FOR THE  ERECTION,  CONSTRUCTION,  RECON-
STRUCTION OR ALTERATION OF BUILDINGS WHO:
  A. SUBMITS THE LOWEST BID; AND
  B.  IS NOT DISQUALIFIED ON ANY OF THE GROUNDS LISTED UNDER SUBDIVISION
FIVE OF THIS SECTION.
  2. USE OF QUESTIONNAIRE TO DETERMINE RESPONSIBILITY OF CONTRACTORS AND
SUBCONTRACTORS.  A. NO PUBLIC WORK CONTRACT MAY BE AWARDED BY AN AGENCY,
DEPARTMENT, PUBLIC AUTHORITY OR PUBLIC BENEFIT  CORPORATION,  OFFICE  OR
OTHER  ENTITY OF THE STATE, TO THE LOWEST RESPONSIBLE BIDDER UNLESS EACH
CONTRACTOR AND SUBCONTRACTOR FOR THE CONTRACT SUBMITS, AND THE CONTRACT-
ING ENTITY REVIEWS, A QUESTIONNAIRE DEMONSTRATING ITS RESPONSIBILITY  TO
PERFORM THE CONTRACT.
  B.  QUESTIONNAIRES  MUST BE SUBMITTED TO THE CONTRACTING ENTITY AND TO
THE COMPTROLLER WHO SHALL MAINTAIN  THE  INFORMATION  IN  AN  ELECTRONIC
DATABASE FOR REVIEW BY ANY STATE OR LOCAL CONTRACTING ENTITY THAT AWARDS
PUBLIC WORK CONTRACTS.
  3.  CONTENTS OF QUESTIONNAIRE. THE COMPTROLLER SHALL PREPARE A UNIFORM
QUESTIONNAIRE FOR USE BY STATE AND  LOCAL  CONTRACTING  ENTITIES,  WHICH
SHALL REQUIRE EACH CONTRACTOR AND SUBCONTRACTOR TO PROVIDE THE FOLLOWING
INFORMATION:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15220-03-0

A. 9782                             2

  A.  THE  NAME, ADDRESS AND TELEPHONE NUMBER OF ITS PRINCIPALS, OWNERS,
OFFICERS, AND SHAREHOLDERS WHO OWN OR CONTROL AT LEAST FIVE  PERCENT  OF
THE STOCK OF THE CONTRACTOR OR SUBCONTRACTOR;
  B.  THE  TAXPAYER  IDENTIFICATION  NUMBER  OR  EMPLOYER IDENTIFICATION
NUMBER, AND THE DUN AND BRADSTREET NUMBER OF THE CONTRACTOR  OR  SUBCON-
TRACTOR;
  C.  THE CONTRACTOR OR SUBCONTRACTOR'S TYPE OF BUSINESS ENTITY, INCLUD-
ING BUT NOT  LIMITED  TO  CORPORATION,  PARTNERSHIP,  LIMITED  LIABILITY
CORPORATION, LIMITED PARTNERSHIP, JOINT VENTURE OR SOLE PROPRIETOR;
  D.  THE  NAMES  AND  ADDRESSES  OF  THE SUBCONTRACTORS PLANNED FOR THE
PROJECT;
  E. THE USE OF REGISTERED AND APPROVED APPRENTICESHIP TRAINING PROGRAMS
FOR THE PAST FIVE YEARS;
  F. ANY VIOLATIONS OF THE PREVAILING WAGE LAW UNDER  ARTICLE  EIGHT  OF
THE LABOR LAW OR THE FEDERAL DAVIS-BACON ACT;
  G.  ANY  VIOLATIONS  OF STATE OR FEDERAL LAWS RELATING TO UNEMPLOYMENT
COMPENSATION, WORKERS' COMPENSATION,  OCCUPATIONAL  HEALTH  AND  SAFETY,
EMPLOYEE  MISCLASSIFICATION, EMPLOYMENT DISABILITY, EMPLOYMENT DISCRIMI-
NATION, OR OTHER LABOR LAWS;
  H. ANY VIOLATIONS OF STATE OR FEDERAL ENVIRONMENTAL PROTECTION LAWS;
  I. ANY FAILURE TO FILE FEDERAL, STATE OR LOCAL TAX  RETURNS,  ANY  TAX
LIABILITIES,  JUDGMENTS  OR  LIENS, AND VIOLATIONS OF AGREEMENTS OR LAWS
UNDER WHICH A TAX CREDIT, TAX EXEMPTION, LOAN OR GRANT  WAS  AWARDED  BY
ANY FEDERAL, STATE OR LOCAL ENTITY;
  J.  ANY  CRIMINAL  CONVICTION,  INDICTMENT, GRANT OF IMMUNITY OR CIVIL
VIOLATION FOR BUSINESS-RELATED ACTIVITY, INCLUDING BUT  NOT  LIMITED  TO
BRIBERY,  EXTORTION, FRAUD, RACKETEERING, CONTRACT BIDDING AND RESTRAINT
OF TRADE;
  K. CONTRACT SANCTION HISTORY INCLUDING FEDERAL  OR  STATE  DEBARMENTS,
SUSPENSIONS,   FINDINGS   OF  INELIGIBILITY,  OR  DISQUALIFICATIONS  FOR
NON-COMPLIANCE WITH MINORITY-OWNED, WOMEN-OWNED  OR  DISADVANTAGED-OWNED
BUSINESS REQUIREMENTS;
  L.  ANY PENDING INVESTIGATIONS FOR CRIMINAL OR CIVIL VIOLATIONS OF ANY
STATE OR FEDERAL LAWS;
  M. PROFESSIONAL  LICENSE  SANCTION  HISTORY  AGAINST  ITS  PRINCIPALS,
OWNERS AND OFFICERS;
  N. EXPERTISE AND EXPERIENCE PERFORMING THE TYPE OF WORK REQUIRED UNDER
THE CONTRACT;
  O.  FINANCIAL CAPABILITY AND RELIABILITY INCLUDING FISCAL RESOURCES TO
PERFORM THE CONTRACT, AND ANY BANKRUPTCIES WITHIN THE PAST SEVEN YEARS;
  P. PROOF OF SURETY BOND AND INSURANCE FOR  WORKERS'  COMPENSATION  AND
GENERAL AND PROFESSIONAL LIABILITY FOR THE PROJECT; AND
  Q. WHETHER HEALTH INSURANCE IS PROVIDED TO EMPLOYEES.
  4.  PENALTY.  THE QUESTIONNAIRE SHALL BE SUBSCRIBED AND AFFIRMED AS TO
ITS TRUTH, ACCURACY AND COMPLETENESS UNDER PENALTY OF PERJURY.
  5. AWARD OF PUBLIC WORK CONTRACT TO LOWEST  RESPONSIBLE  BIDDER.    A.
WHERE  A  PUBLIC  WORK  CONTRACT IS REQUIRED TO BE AWARDED TO THE LOWEST
RESPONSIBLE BIDDER, NO CONTRACT MAY BE AWARDED TO A BIDDER IF ANY OF ITS
CONTRACTORS OR SUBCONTRACTORS:
  (I) HAVE HAD A FINAL DETERMINATION RENDERED FOR A VIOLATION OF ARTICLE
EIGHT OF THE LABOR LAW, THE WORKERS' COMPENSATION LAW, THE  UNEMPLOYMENT
INSURANCE  LAW,  OR  EMPLOYEE  MISCLASSIFICATION BY ANY FEDERAL OR STATE
AGENCY WITHIN THE PAST TEN YEARS;
  (II) HAVE COMMITTED A VIOLATION OF ANY OTHER LAWS UNDER  PARAGRAPH  G,
H,  I,  OR  J  OF SUBDIVISION THREE OF THIS SECTION WITHIN THE PAST FIVE
YEARS;

A. 9782                             3

  (III) FAIL  TO  PARTICIPATE  IN  AN  APPRENTICESHIP  TRAINING  PROGRAM
APPROVED  AND  REGISTERED WITH THE STATE OR FEDERAL DEPARTMENT OF LABOR;
OR
  (IV)  FAIL  TO  PROVIDE PROOF OF SURETY BOND AND WORKERS' COMPENSATION
COVERAGE.
  B. BASED ON  THE  INFORMATION  COLLECTED  IN  THE  QUESTIONNAIRES  THE
CONTRACTING  ENTITY  MAY  DETERMINE THAT A BIDDER IS NOT RESPONSIBLE AND
NOT AWARD A CONTRACT TO THE BIDDER UPON FINDING THAT:
  (I) THE PROPOSED CONTRACTOR OR SUBCONTRACTORS FOR  THE  CONTRACT  LACK
ADEQUATE  EXPERTISE,  OR  LACK  THE  FINANCIAL  RESOURCES TO PERFORM THE
CONTRACT OR SUBCONTRACT IN A TIMELY AND COMPETENT MANNER;
  (II) THE EQUIPMENT TO BE USED FOR THE CONTRACT IS NOT SAFE FOR  OPERA-
TION  BY  EMPLOYEES  OF  THE  CONTRACTOR  OR  SUBCONTRACTORS, OR FOR THE
PUBLIC;
  (III) THE BID SUBMITTED IS SO MUCH LOWER THAN THE AGENCY'S  ENGINEER'S
ESTIMATE  THAT IT SEEMS UNLIKELY THAT THE BIDDER WILL BE ABLE TO PERFORM
THE CONTRACT SATISFACTORILY AT THE PRICE BID;
  (IV) THE BID SUBMITTED IS MATHEMATICALLY OR MATERIALLY UNBALANCED;
  (V) A LACK OF GOOD FAITH EFFORT  TO  COMPLY  WITH  STATE  AND  FEDERAL
REQUIREMENTS    FOR    USE    OF    MINORITY-OWNED,    WOMEN-OWNED   AND
DISADVANTAGED-OWNED BUSINESSES;
  (VI) FALSE  OR  MISLEADING  INFORMATION  HAS  BEEN  PRESENTED  TO  THE
CONTRACTING ENTITY IN CONNECTION WITH THE BID; OR
  (VII)  ANY OTHER INFORMATION FROM THE QUESTIONNAIRE WHICH RAISES SERI-
OUS QUESTIONS CONCERNING THE PRESENT CAPABILITY  AND  RESPONSIBILITY  OF
THE CONTRACTOR OR ANY SUBCONTRACTOR TO PERFORM THE CONTRACT.
  S  2.  The  general  municipal  law is amended by adding a new section
100-b to read as follows:
  S 100-B. LOWEST RESPONSIBLE BIDDER. 1. DEFINITION.   FOR THE  PURPOSES
OF  THIS  ARTICLE,  "LOWEST  RESPONSIBLE  BIDDER" SHALL MEAN THE PERSON,
FIRM, CORPORATION, CONTRACTOR OR SUBCONTRACTOR OR OTHER  ENTITY  SUBMIT-
TING  A  BID  FOR A PUBLIC WORK CONTRACT FOR THE ERECTION, CONSTRUCTION,
RECONSTRUCTION OR ALTERATION OF BUILDINGS WHO:
  A. SUBMITS THE LOWEST BID; AND
  B. IS NOT DISQUALIFIED ON ANY OF THE GROUNDS LISTED UNDER  SUBDIVISION
FIVE OF THIS SECTION.
  2. USE OF QUESTIONNAIRE TO DETERMINE RESPONSIBILITY OF CONTRACTORS AND
SUBCONTRACTORS.   A. NO PUBLIC WORK CONTRACT MAY BE AWARDED BY ANY POLI-
TICAL SUBDIVISION OR BY AN OFFICER, BOARD  OR  AGENCY  THEREOF,  TO  THE
LOWEST  RESPONSIBLE  BIDDER UNLESS EACH CONTRACTOR AND SUBCONTRACTOR FOR
THE CONTRACT SUBMITS, AND THE CONTRACTING ENTITY  REVIEWS,  A  QUESTION-
NAIRE DEMONSTRATING ITS RESPONSIBILITY TO PERFORM THE CONTRACT.
  B.  QUESTIONNAIRES  MUST BE SUBMITTED TO THE CONTRACTING ENTITY AND TO
THE COMPTROLLER WHO SHALL MAINTAIN  THE  INFORMATION  IN  AN  ELECTRONIC
DATABASE FOR REVIEW BY ANY STATE OR LOCAL CONTRACTING ENTITY THAT AWARDS
PUBLIC WORK CONTRACTS.
  3.  CONTENTS OF QUESTIONNAIRE. THE COMPTROLLER SHALL PREPARE A UNIFORM
QUESTIONNAIRE FOR USE BY A POLITICAL SUBDIVISION OR BY AN OFFICER, BOARD
OR AGENCY THEREOF, WHICH SHALL REQUIRE EACH CONTRACTOR AND SUBCONTRACTOR
TO PROVIDE THE FOLLOWING INFORMATION:
  A. THE NAME, ADDRESS AND TELEPHONE NUMBER OF ITS  PRINCIPALS,  OWNERS,
OFFICERS,  AND  SHAREHOLDERS WHO OWN OR CONTROL AT LEAST FIVE PERCENT OF
THE STOCK OF THE CONTRACTOR OR SUBCONTRACTOR;
  B. THE  TAXPAYER  IDENTIFICATION  NUMBER  OR  EMPLOYER  IDENTIFICATION
NUMBER,  AND  THE DUN AND BRADSTREET NUMBER OF THE CONTRACTOR OR SUBCON-
TRACTOR;

A. 9782                             4

  C. THE CONTRACTOR OR SUBCONTRACTOR'S TYPE OF BUSINESS ENTITY,  INCLUD-
ING  BUT  NOT  LIMITED  TO  CORPORATION,  PARTNERSHIP, LIMITED LIABILITY
CORPORATION, LIMITED PARTNERSHIP, JOINT VENTURE OR SOLE PROPRIETOR;
  D.  THE  NAMES  AND  ADDRESSES  OF  THE SUBCONTRACTORS PLANNED FOR THE
PROJECT;
  E. THE USE OF REGISTERED AND APPROVED APPRENTICESHIP TRAINING PROGRAMS
FOR THE PAST FIVE YEARS;
  F. ANY VIOLATIONS OF THE PREVAILING WAGE LAW UNDER  ARTICLE  EIGHT  OF
THE LABOR LAW OR THE FEDERAL DAVIS-BACON ACT;
  G.  ANY  VIOLATIONS  OF STATE OR FEDERAL LAWS RELATING TO UNEMPLOYMENT
COMPENSATION, WORKERS' COMPENSATION,  OCCUPATIONAL  HEALTH  AND  SAFETY,
EMPLOYEE  MISCLASSIFICATION, EMPLOYMENT DISABILITY, EMPLOYMENT DISCRIMI-
NATION, OR OTHER LABOR LAWS;
  H. ANY VIOLATIONS OF STATE OR FEDERAL ENVIRONMENTAL PROTECTION LAWS;
  I. ANY FAILURE TO FILE FEDERAL, STATE OR LOCAL TAX  RETURNS,  ANY  TAX
LIABILITIES,  JUDGMENTS  OR  LIENS, AND VIOLATIONS OF AGREEMENTS OR LAWS
UNDER WHICH A TAX CREDIT, TAX EXEMPTION, LOAN OR GRANT  WAS  AWARDED  BY
ANY FEDERAL, STATE OR LOCAL ENTITY;
  J.  ANY  CRIMINAL  CONVICTION,  INDICTMENT, GRANT OF IMMUNITY OR CIVIL
VIOLATION FOR BUSINESS-RELATED ACTIVITY, INCLUDING BUT  NOT  LIMITED  TO
BRIBERY,  EXTORTION, FRAUD, RACKETEERING, CONTRACT BIDDING AND RESTRAINT
OF TRADE;
  K. CONTRACT SANCTION HISTORY INCLUDING FEDERAL  OR  STATE  DEBARMENTS,
SUSPENSIONS,   FINDINGS   OF  INELIGIBILITY,  OR  DISQUALIFICATIONS  FOR
NON-COMPLIANCE WITH MINORITY-OWNED, WOMEN-OWNED  OR  DISADVANTAGED-OWNED
BUSINESS REQUIREMENTS;
  L.  ANY PENDING INVESTIGATIONS FOR CRIMINAL OR CIVIL VIOLATIONS OF ANY
STATE OR FEDERAL LAWS;
  M. PROFESSIONAL  LICENSE  SANCTION  HISTORY  AGAINST  ITS  PRINCIPALS,
OWNERS AND OFFICERS;
  N. EXPERTISE AND EXPERIENCE PERFORMING THE TYPE OF WORK REQUIRED UNDER
THE CONTRACT;
  O.  FINANCIAL CAPABILITY AND RELIABILITY INCLUDING FISCAL RESOURCES TO
PERFORM THE CONTRACT, AND ANY AUDITS OR  BANKRUPTCIES  WITHIN  THE  PAST
SEVEN YEARS;
  P.  PROOF  OF  SURETY BOND AND INSURANCE FOR WORKERS' COMPENSATION AND
GENERAL AND PROFESSIONAL LIABILITY FOR THE PROJECT; AND
  Q. WHETHER HEALTH INSURANCE IS PROVIDED TO EMPLOYEES.
  4. PENALTY. THE QUESTIONNAIRE SHALL BE SUBSCRIBED AND AFFIRMED  AS  TO
ITS TRUTH, ACCURACY AND COMPLETENESS UNDER PENALTY OF PERJURY.
  5.  AWARD  OF  PUBLIC  WORK CONTRACT TO LOWEST RESPONSIBLE BIDDER.  A.
WHERE A PUBLIC WORK CONTRACT IS REQUIRED TO BE  AWARDED  TO  THE  LOWEST
RESPONSIBLE BIDDER, NO CONTRACT MAY BE AWARDED TO A BIDDER IF ANY OF ITS
CONTRACTORS OR SUBCONTRACTORS:
  (I) HAVE HAD A FINAL DETERMINATION RENDERED FOR A VIOLATION OF ARTICLE
EIGHT  OF THE LABOR LAW, THE WORKERS' COMPENSATION LAW, THE UNEMPLOYMENT
INSURANCE LAW, OR EMPLOYEE MISCLASSIFICATION BY  ANY  FEDERAL  OR  STATE
AGENCY WITHIN THE PAST TEN YEARS;
  (II)  HAVE  COMMITTED A VIOLATION OF ANY OTHER LAWS UNDER PARAGRAPH G,
H, I, OR J OF SUBDIVISION THREE OF THIS SECTION  WITHIN  THE  PAST  FIVE
YEARS;
  (III)  FAIL  TO  PARTICIPATE  IN  AN  APPRENTICESHIP  TRAINING PROGRAM
APPROVED AND REGISTERED WITH THE STATE OR FEDERAL DEPARTMENT  OF  LABOR;
OR
  (IV)  FAIL  TO  PROVIDE PROOF OF SURETY BOND AND WORKERS' COMPENSATION
COVERAGE.

A. 9782                             5

  B. BASED ON  THE  INFORMATION  COLLECTED  IN  THE  QUESTIONNAIRES  THE
CONTRACTING  ENTITY  MAY  DETERMINE THAT A BIDDER IS NOT RESPONSIBLE AND
NOT AWARD A CONTRACT TO THE BIDDER UPON FINDING THAT:
  (I)  THE  PROPOSED  CONTRACTOR OR SUBCONTRACTORS FOR THE CONTRACT LACK
ADEQUATE EXPERTISE, OR LACK  THE  FINANCIAL  RESOURCES  TO  PERFORM  THE
CONTRACT OR SUBCONTRACT IN A TIMELY AND COMPETENT MANNER;
  (II)  THE EQUIPMENT TO BE USED FOR THE CONTRACT IS NOT SAFE FOR OPERA-
TION BY EMPLOYEES OF  THE  CONTRACTOR  OR  SUBCONTRACTORS,  OR  FOR  THE
PUBLIC;
  (III)  THE BID SUBMITTED IS SO MUCH LOWER THAN THE ENGINEER'S ESTIMATE
THAT IT SEEMS UNLIKELY THAT THE BIDDER  WILL  BE  ABLE  TO  PERFORM  THE
CONTRACT SATISFACTORILY AT THE PRICE BID;
  (IV) THE BID SUBMITTED IS MATHEMATICALLY OR MATERIALLY UNBALANCED;
  (V)  A  LACK  OF  GOOD  FAITH  EFFORT TO COMPLY WITH STATE AND FEDERAL
REQUIREMENTS   FOR    USE    OF    MINORITY-OWNED,    WOMEN-OWNED    AND
DISADVANTAGED-OWNED BUSINESSES;
  (VI)  FALSE  OR  MISLEADING  INFORMATION  HAS  BEEN  PRESENTED  TO THE
CONTRACTING ENTITY IN CONNECTION WITH THE BID; OR
  (VII) ANY OTHER INFORMATION FROM THE QUESTIONNAIRE WHICH RAISES  SERI-
OUS  QUESTIONS  CONCERNING  THE PRESENT CAPABILITY AND RESPONSIBILITY OF
THE CONTRACTOR OR ANY SUBCONTRACTOR TO PERFORM THE CONTRACT.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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