Assembly Bill A1793

2015-2016 Legislative Session

Provides that state contracts shall include a provision that allows the state to cancel the contract when the cost of the contract exceeds the original bid by more than ten percent

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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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2015-A1793 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
State Finance Law
Laws Affected:
Add §169, St Fin L; add §109-c, Gen Muni L; add §2882, Pub Auth L
Versions Introduced in 2013-2014 Legislative Session:
A9638

2015-A1793 (ACTIVE) - Summary

Provides that state contracts shall include a provision that allows the state to cancel the contract when the cost of the contract exceeds the original bid by more than ten percent.

2015-A1793 (ACTIVE) - Bill Text download pdf 

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

                                  1793

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2015
                               ___________

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

AN ACT to amend the state finance law, the general municipal law and the
  public authorities law, in relation to contracts  where  costs  exceed
  the bid by more than ten percent

  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. CONTRACTS; COSTS EXCEED BID. A CLAUSE SHALL BE INSERTED IN ALL
SPECIFICATIONS OR CONTRACTS HEREAFTER MADE OR AWARDED BY  THE  STATE  OR
ANY PUBLIC DEPARTMENT, AGENCY, OR OFFICIAL THEREOF, FOR WORK OR SERVICES
PERFORMED  OR  TO  BE PERFORMED, OR GOODS SOLD OR TO BE SOLD, TO PROVIDE
THAT UPON A PERSON,  FIRM,  PARTNERSHIP  OR  CORPORATION  EXCEEDING  THE
ORIGINAL BID BY MORE THAN TEN PERCENT, SUCH CONTRACT MAY BE CANCELLED OR
TERMINATED  BY  THE  STATE  WITHOUT  INCURRING ANY PENALTY OR DAMAGES ON
ACCOUNT OF SUCH CANCELLATION OR TERMINATION, BUT ANY MONIES OWING BY THE
STATE FOR GOODS DELIVERED OR WORK DONE  PRIOR  TO  THE  CANCELLATION  OR
TERMINATION SHALL BE PAID.
  S  2.  The  general  municipal  law is amended by adding a new section
109-c to read as follows:
  S 109-C. CONTRACTS; COSTS EXCEED BID. A CLAUSE SHALL  BE  INSERTED  IN
ALL SPECIFICATIONS OR CONTRACTS HEREAFTER MADE OR AWARDED BY A MUNICIPAL
CORPORATION  OR  ANY PUBLIC DEPARTMENT, AGENCY, OR OFFICIAL THEREOF, FOR
WORK OR SERVICES PERFORMED OR TO BE PERFORMED, OR GOODS SOLD  OR  TO  BE
SOLD,  TO  PROVIDE  THAT UPON A PERSON, FIRM, PARTNERSHIP OR CORPORATION
EXCEEDING THE ORIGINAL BID BY MORE THAN TEN PERCENT, SUCH  CONTRACT  MAY
BE CANCELLED OR TERMINATED BY THE STATE WITHOUT INCURRING ANY PENALTY OR
DAMAGES  ON  ACCOUNT OF SUCH CANCELLATION OR TERMINATION, BUT ANY MONIES
OWING BY THE MUNICIPAL CORPORATION OR ANY PUBLIC DEPARTMENT,  AGENCY  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00049-01-5

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