NY State Senate Bill 2011-S3012

Senate Bill S3012

2011-2012 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 Senate Committee Finance 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to finance
Feb 07, 2011	referred to finance

co-Sponsors

2011-S3012 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Add §135-b, St Fin L; add §100-b, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6434
2013-2014: S1798
2015-2016: S3582
2017-2018: S1344

2011-S3012 (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.

2011-S3012 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3012

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 state public work
contracts.

* Subdivision 1 defines a lowest responsible bidder to mean a bidder
who submits the lowest bid and is not disqualified because its
contractors or subcontractors failed to meet certain responsibility
standards.

* Subdivision 2 requires each contractor and subcontractor for a
contract over $100,000 to electronically submit a responsibility
questionnaire to the contracting entity and State Comptroller who
must maintain the information for review by contracting officials
prior to awarding a contract.

* Subdivision 3 requires the questionnaire to identify the contractor's

or subcontractor's principals, owners, officers and shareholders with
5% or more of the firm's stock, parent company and subsidiaries; 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 required by law and
workers' compensation.

* Subdivision 4 requires affirmation as to the truthfulness of the
questionnaire.

* Subdivision 5 requires contractors and subcontractors to update the
information in their questionnaires prior to being considered for
another contract.

*Subdivision 6 disqualifies a bidder whose contractors or
subcontractors have had a final determination rendered within the
past ten years for non-payment of prevailing wages or
unemployment tax, failure to secure workers' compensation, employee
misclassification, or a criminal conviction for business-related
activity; or fail to provide apprenticeship training; or fail to
provide proof of a required surety bond and workers' compensation
insurance. Bidders may also be disqualified who lack adequate
expertise or fiscal resources. use unsafe equipment, submit bids
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 capability 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 for local
public work contracts.

Section 3 establishes the effective date.

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
responsible bidder, but do not define the term "responsible."

JUSTIFICATION:
Although state and local public work contracts above a certain value
are required to be awarded to the lowest responsible bidder, the law
does not define who is a responsible bidder. As a result, public work
contracts are awarded using different standards throughout the State.
While contracting officials may understand that contractors who fail
to pay prevailing wages and payroll taxes or fail to provide workers'
compensation are not responsible employers, award decisions are often
driven by cost savings.

Under a 1993 Executive Order that is still current, state contracting
agencies are required to use responsibility standards in selecting
bidders and subcontractors for public work contracts (9 NYCRR 4.170).
Agencies must consider a contractor's and subcontractor's past or
current record of criminal conduct in business-related activity,
compliance with labor and workers' compensation laws, use of
registered apprenticeship training programs, good faith compliance
with state and federal requirements to use minority and women-owned
businesses, and adequacy of expertise and financial resources, among
other factors. Currently, the State Comptroller uses an electronic
vendor responsibility system that requires bidders to submit
questionnaires with information relating to these responsibility
standards in order to bid on state public work projects. In 1987, the
New York City Council passed legislation establishing similar
responsibility standards for local bidders which requires use of a
computerized database that receives electronic questionnaires from
bidders and their principals. New York City's VENDEX system is used
by the City's agencies to determine the responsibility of bidders
prior to awarding public work contracts. (NYC Administrative
Code 6-116§2).

Many local jurisdictions in New York and elsewhere require contractors
to use apprenticeship training programs to be eligible for a public
work contract, including Rochester, the New York City School
Construction Authority, and localities in Massachusetts. Illinois,
Ohio and California. Apprenticeship training ensures a safer
workplace and reduces injuries to unskilled workers which can create
new costs and delays for public owners. The bill allows contractors
and subcontractors to participate in either a federal or state
registered apprenticeship program. New York has 867 registered
programs for 56 trades: including 600 independent individual programs
The federal program includes 14 additional trades. Between these two


programs, New York's contractors and subcontractors have diverse
opportunities to satisfy their responsibility requirement to
participate in an apprenticeship program.

The law's lack of responsibility standards creates an unlevel playing
field for law-abiding contractors who submit higher bids because they
rightly pay prevailing wages and provide apprenticeship training. The
welfare and safety of employees are also at risk since they do not
receive prevailing wages or workers' compensation benefits if injured
on the job, and often lack necessary training because their employers
do not participate in apprenticeship training programs. State and
local governments are also impacted when workers bring home
insufficient paychecks to support local businesses and pay taxes.
Injured employees without workers' compensation or disability
coverage may turn to public assistance. 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 New York. In 2009, a joint legislative hearing was held to study
these problems and determine whether the law should be changed. State
and local officials, employee and employer organizations, and others
with first-hand knowledge of the economic, social, and
brick-and-mortar implications testified regarding best practices of
responsible bidding for public work used in New York and elsewhere.
Responsibility standards would also help reduce the frequency of
litigation by unsuccessful bidders who often challenge the award
decisions of local contracting officials. Responsibility requirements
may also expand opportunities for qualified minority and women-owned
businesses to perform public work contracts. The Senate Labor
Committee reported these findings in a report on the hearing,
"Responsible Bidding on Public Work: Improving New York's Lowest
Responsible Bidder Law," January 2010.

The reforms in this bill 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.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
Modifications to existing state computerized vendor responsibility
program expected to he

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

2011-S3012 (ACTIVE) - Bill Text download pdf

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

                                  3012

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 7, 2011
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

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  SECTION,  "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
SIX OF THIS SECTION.
  2. USE OF QUESTIONNAIRE TO DETERMINE RESPONSIBILITY OF CONTRACTORS AND
SUBCONTRACTORS.    A. NO PUBLIC WORK CONTRACT IN AN AMOUNT EXCEEDING ONE
HUNDRED THOUSAND DOLLARS 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  CONTRACTING  ENTITY
REVIEWS, A QUESTIONNAIRE DEMONSTRATING ITS RESPONSIBILITY TO PERFORM THE
CONTRACT.
  B.  QUESTIONNAIRES MUST BE SUBMITTED ELECTRONICALLY 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06860-02-1

S. 3012                             2

SHALL REQUIRE EACH CONTRACTOR AND SUBCONTRACTOR TO PROVIDE THE FOLLOWING
INFORMATION:
  A.  THE  NAME, ADDRESS AND TELEPHONE NUMBER OF ITS PRINCIPALS, OWNERS,
OFFICERS, SHAREHOLDERS WHO OWN OR CONTROL AT LEAST FIVE PERCENT  OF  THE
STOCK  OF  THE  CONTRACTOR  OR SUBCONTRACTOR, PARENT COMPANY AND SUBSID-
IARIES. FOR PURPOSES  OF  THIS  SECTION,  THE  TERM  "AFFILIATES"  SHALL
INCLUDE EACH OF THE INDIVIDUALS AND ENTITIES LISTED IN THIS PARAGRAPH;
  B.  THE  TAXPAYER  IDENTIFICATION  NUMBER  OR  EMPLOYER IDENTIFICATION
NUMBER, AND THE DUN AND BRADSTREET NUMBER;
  C. THE TYPE OF BUSINESS ENTITY, INCLUDING BUT NOT  LIMITED  TO  CORPO-
RATION, 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 BY THE CONTRACTOR OR
SUBCONTRACTOR AND ITS AFFILIATES;
  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 BY THE CONTRACTOR OR SUBCONTRACTOR AND ITS
AFFILIATES;
  H. ANY VIOLATIONS OF STATE OR FEDERAL ENVIRONMENTAL PROTECTION LAWS BY
THE CONTRACTOR OR SUBCONTRACTOR AND ITS AFFILIATES;
  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 BY THE CONTRACTOR OR SUBCONTRACTOR
AND ITS AFFILIATES;
  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 BY THE CONTRACTOR OR SUBCONTRACTOR AND ITS AFFILIATES;
  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 BY THE CONTRACTOR OR SUBCONTRACTOR AND ITS  AFFIL-
IATES;
  L.  ANY PENDING INVESTIGATIONS FOR CRIMINAL OR CIVIL VIOLATIONS OF ANY
STATE OR FEDERAL LAWS BY THE CONTRACTOR OR SUBCONTRACTOR AND ITS  AFFIL-
IATES;
  M.  PROFESSIONAL  LICENSE  SANCTION  HISTORY AGAINST THE CONTRACTOR OR
SUBCONTRACTOR AND ITS AFFILIATES;
  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 ANY SURETY BOND REQUIRED BY LAW 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. CHANGE OF INFORMATION ON QUESTIONNAIRE. ANY CONTRACTOR  OR  SUBCON-
TRACTOR  THAT  HAS  SUBMITTED  A QUESTIONNAIRE ELECTRONICALLY UNDER THIS

S. 3012                             3

SECTION SHALL BE REQUIRED TO UPDATE ANY CHANGE IN THAT INFORMATION, IN A
FORM ESTABLISHED BY THE COMPTROLLER, BEFORE THE  CONTRACTOR  OR  SUBCON-
TRACTOR IS CONSIDERED FOR THE AWARD OF ANOTHER CONTRACT.
  6.  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 FAILURE TO PAY
PREVAILING WAGES AND SUPPLEMENTS REQUIRED UNDER  ARTICLE  EIGHT  OF  THE
LABOR LAW, A FAILURE TO SECURE INSURANCE REQUIRED UNDER ARTICLES TWO AND
NINE OF THE WORKERS' COMPENSATION LAW, A FAILURE TO PAY UNEMPLOYMENT TAX
REQUIRED  UNDER  ARTICLE  EIGHTEEN  OF  THE LABOR LAW, OR A VIOLATION OF
EMPLOYEE MISCLASSIFICATION, BY ANY FEDERAL  OR  STATE  AGENCY  OR  COURT
WITHIN THE PAST TEN YEARS;
  (II)  HAVE  HAD  A  CRIMINAL CONVICTION FOR BUSINESS-RELATED ACTIVITY,
INCLUDING BUT NOT LIMITED TO BRIBERY,  EXTORTION,  FRAUD,  RACKETEERING,
CONTRACT  BIDDING  AND RESTRAINT OF TRADE BY THE CONTRACTOR, SUBCONTRAC-
TORS OR ITS AFFILIATES WITHIN THE PAST TEN 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 ANY SURETY  BOND  REQUIRED  BY  LAW  AND
WORKERS' COMPENSATION COVERAGE.
  B. A 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 CONTRACTOR, SUBCONTRACTORS OR ITS AFFILIATES HAVE COMMITTED
A VIOLATION OF ANY LAWS UNDER PARAGRAPH F, G, H,  OR  I  OF  SUBDIVISION
THREE OF THIS SECTION WITHIN THE PAST FIVE YEARS;
  (IV)  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;
  (V) THE BID SUBMITTED IS MATHEMATICALLY OR MATERIALLY UNBALANCED;
  (VI)  A  LACK  OF  GOOD  FAITH EFFORT TO COMPLY WITH STATE AND FEDERAL
REQUIREMENTS   FOR    USE    OF    MINORITY-OWNED,    WOMEN-OWNED    AND
DISADVANTAGED-OWNED BUSINESSES;
  (VII)  FALSE  OR  MISLEADING  INFORMATION  HAS  BEEN  PRESENTED TO THE
CONTRACTING ENTITY IN CONNECTION WITH THE BID; OR
  (VIII) ANY OTHER INFORMATION WHICH RAISES SERIOUS 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  SECTION,  "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
SIX OF THIS SECTION.

S. 3012                             4

  2. USE OF QUESTIONNAIRE TO DETERMINE RESPONSIBILITY OF CONTRACTORS AND
SUBCONTRACTORS.    A. NO PUBLIC WORK CONTRACT IN AN AMOUNT EXCEEDING ONE
HUNDRED THOUSAND DOLLARS MAY BE AWARDED BY ANY POLITICAL 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  QUESTIONNAIRE  DEMONSTRATING  ITS
RESPONSIBILITY TO PERFORM THE CONTRACT.
  B.  QUESTIONNAIRES MUST BE SUBMITTED ELECTRONICALLY 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, SHAREHOLDERS WHO OWN OR CONTROL AT LEAST FIVE PERCENT  OF  THE
STOCK  OF  THE  CONTRACTOR  OR SUBCONTRACTOR, PARENT COMPANY AND SUBSID-
IARIES.  FOR PURPOSES OF THIS SECTION, THE TERM AFFILIATES SHALL INCLUDE
EACH OF THE INDIVIDUALS AND ENTITIES LISTED IN THIS PARAGRAPH;
  B. THE  TAXPAYER  IDENTIFICATION  NUMBER  OR  EMPLOYER  IDENTIFICATION
NUMBER, AND THE DUN AND BRADSTREET NUMBER;
  C.  THE  TYPE  OF BUSINESS ENTITY, INCLUDING BUT NOT LIMITED TO CORPO-
RATION, 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  BY  THE  CONTRACTOR  OR
SUBCONTRACTOR AND ITS AFFILIATES;
  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 BY THE CONTRACTOR OR SUBCONTRACTOR  AND  ITS
AFFILIATES;
  H. ANY VIOLATIONS OF STATE OR FEDERAL ENVIRONMENTAL PROTECTION LAWS BY
THE CONTRACTOR OR SUBCONTRACTOR AND ITS AFFILIATES;
  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 BY THE  CONTRACTOR  OR  SUBCONTRACTOR
AND ITS AFFILIATES;
  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 BY THE CONTRACTOR OR SUBCONTRACTOR AND ITS AFFILIATES;
  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 BY THE CONTRACTOR OR SUBCONTRACTOR AND ITS AFFIL-
IATES;
  L. ANY PENDING INVESTIGATIONS FOR CRIMINAL OR CIVIL VIOLATIONS OF  ANY
STATE  OR FEDERAL LAWS BY THE CONTRACTOR OR SUBCONTRACTOR AND ITS AFFIL-
IATES;

S. 3012                             5

  M. PROFESSIONAL LICENSE SANCTION HISTORY  AGAINST  THE  CONTRACTOR  OR
SUBCONTRACTOR AND ITS AFFILIATES;
  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 ANY SURETY BOND REQUIRED BY LAW 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. CHANGE OF INFORMATION ON QUESTIONNAIRE. ANY CONTRACTOR  OR  SUBCON-
TRACTOR  THAT  HAS  SUBMITTED  A QUESTIONNAIRE ELECTRONICALLY UNDER THIS
SECTION SHALL BE REQUIRED TO UPDATE ANY CHANGE IN THAT INFORMATION, IN A
FORM ESTABLISHED BY THE COMPTROLLER, BEFORE THE  CONTRACTOR  OR  SUBCON-
TRACTOR IS CONSIDERED FOR THE AWARD OF ANOTHER CONTRACT.
  6.  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 FAILURE TO PAY
PREVAILING WAGES AND SUPPLEMENTS REQUIRED UNDER  ARTICLE  EIGHT  OF  THE
LABOR LAW, A FAILURE TO SECURE INSURANCE REQUIRED UNDER ARTICLES TWO AND
NINE OF THE WORKERS' COMPENSATION LAW, A FAILURE TO PAY UNEMPLOYMENT TAX
REQUIRED  UNDER  ARTICLE  EIGHTEEN  OF  THE  LABOR LAW, THE UNEMPLOYMENT
INSURANCE LAW, OR A VIOLATION  OF  EMPLOYEE  MISCLASSIFICATION,  BY  ANY
FEDERAL OR STATE AGENCY OR COURT WITHIN THE PAST TEN YEARS;
  (II)  HAVE  HAD  A  CRIMINAL CONVICTION FOR BUSINESS-RELATED ACTIVITY,
INCLUDING BUT NOT LIMITED TO BRIBERY,  EXTORTION,  FRAUD,  RACKETEERING,
CONTRACT  BIDDING  AND RESTRAINT OF TRADE BY THE CONTRACTOR, SUBCONTRAC-
TORS OR ITS AFFILIATES WITHIN THE PAST TEN 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 ANY SURETY  BOND  REQUIRED  BY  LAW  AND
WORKERS' COMPENSATION COVERAGE.
  B. A 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 CONTRACTOR, SUBCONTRACTORS OR ITS AFFILIATES HAVE COMMITTED
A VIOLATION OF ANY LAWS UNDER PARAGRAPH F, G, H,  OR  I  OF  SUBDIVISION
THREE OF THIS SECTION WITHIN THE PAST FIVE YEARS;
  (IV)  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;
  (V) THE BID SUBMITTED IS MATHEMATICALLY OR MATERIALLY UNBALANCED;
  (VI)  A  LACK  OF  GOOD  FAITH EFFORT TO COMPLY WITH STATE AND FEDERAL
REQUIREMENTS   FOR    USE    OF    MINORITY-OWNED,    WOMEN-OWNED    AND
DISADVANTAGED-OWNED BUSINESSES;

S. 3012                             6

  (VII)  FALSE  OR  MISLEADING  INFORMATION  HAS  BEEN  PRESENTED TO THE
CONTRACTING ENTITY IN CONNECTION WITH THE BID; OR
  (VIII) ANY OTHER INFORMATION WHICH RAISES SERIOUS 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S3012

Share this bill

Sponsored By

Adriano Espaillat