senate Bill S1989

Relates to contracts by the New York city school construction authority

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 14 / Jan / 2011
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 18 / May / 2011
    • 1ST REPORT CAL.765
  • 23 / May / 2011
    • 2ND REPORT CAL.
  • 24 / May / 2011
    • ADVANCED TO THIRD READING
  • 02 / Jun / 2011
    • PASSED SENATE
  • 02 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 02 / Jun / 2011
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 13 / Jun / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 13 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1210
  • 13 / Jun / 2012
    • PASSED SENATE
  • 13 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2012
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

Summary

Relates to contracts by the New York City school construction authority; provides that a bid shall not be rejected or be deemed invalid, impaired or in any manner defective solely for harmless, technical, or ministerial defects, where the intent is clearly discernible and unintentional, provided, however, that this section shall not be deemed to relieve any bidder from any criminal or civil liability as may be imposed by reason of his or her act, nor enlarge the actual authority of any officer of the authority, nor, except as stated in this sentence, limit any other statute or rule of law.

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Bill Details

See Assembly Version of this Bill:
A9962
Versions:
S1989
Legislative Cycle:
2011-2012
Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Public Authorities Law
Laws Affected:
Amd ยง1734, Pub Auth L
Versions Introduced in 2009-2010 Legislative Cycle:
S2120, S2120

Sponsor Memo

BILL NUMBER:S1989

TITLE OF BILL:

An act
to amend the public authorities law, in relation to contracts by the New
York city school construction authority

PURPOSE OR GENERAL IDEA OF BILL:

Prohibits a bid to SCA from being rejected or declared invalid solely
for harmless, technical, or ministerial defects where the intent is
clearly discernible and unintentional.

SUMMARY OF SPECIFIC PROVISIONS:

Amends paragraph b of subdivision 2 of section 1734 of the public
authorities law to prohibit a bid from being rejected or be deemed
invalid, impaired or in any manner defective solely for harmless,
technical, or ministerial defects, where the intent is clearly
discernible and unintentional. Additionally provides that this shall
not be deemed to relieve any bidder from any criminal or civil
liability, or to enlarge the actual authority of any officer of the
authority, nor, except as stated here, to limit any other statute or
law.

JUSTIFICATION:

The SCA has the power to accept or reject bids for various reasons,
but lacks the ability to overlook harmless defects in a bid--for
example, where the written description of a number varies slightly
from the number itself. This bill remedies the defect in its bidding
powers. It does not change or alter any other grounds for accepting
or rejecting a bid or bidder.

PRIOR LEGISLATIVE HISTORY:

2007-2008: S.6948 - Referred to Corporations, Authorities
& Commissions, Passed the Senate
2009-2010: S.2120 - Referred to Corporations, Authorities & Commissions

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

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

                                  1989

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and Commissions

AN  ACT to amend the public authorities law, in relation to contracts by
  the New York city school construction authority

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

  Section  1. Paragraph b of subdivision 2 of section 1734 of the public
authorities law, as added by chapter 738 of the laws of 1988, is amended
to read as follows:
  b. The authority may reject all bids and obtain new bids in the manner
provided by this section when it deems it in the public interest  to  do
so  or,  in cases where two or more responsible bidders submit identical
bids which are the lowest bids,  award  the  contract  to  any  of  such
bidders or obtain new bids from such bidders. Nothing herein shall obli-
gate the authority to seek new bids after the rejection of bids or after
cancellation  of  an  invitation  to  bid. Nothing in this section shall
prohibit the evaluation of bids on the basis of costs or savings includ-
ing life cycle costs  of  the  item  to  be  purchased,  discounts,  and
inspection  services  so  long  as the invitation to bid reasonably sets
forth the criteria to be used in evaluating such costs or savings.  Life
cycle  costs  may  include  but shall not be limited to costs or savings
associated with installation, energy  use,  maintenance,  operation  and
salvage  or disposal.  A BID SHALL NOT BE REJECTED OR BE DEEMED INVALID,
IMPAIRED OR IN ANY MANNER DEFECTIVE SOLELY FOR HARMLESS,  TECHNICAL,  OR
MINISTERIAL  DEFECTS,  WHERE THE INTENT IS CLEARLY DISCERNIBLE AND UNIN-
TENTIONAL, PROVIDED, HOWEVER, THAT THIS SECTION SHALL NOT BE  DEEMED  TO
RELIEVE  ANY  BIDDER  FROM  ANY  CRIMINAL  OR  CIVIL LIABILITY AS MAY BE
IMPOSED BY REASON OF HIS OR HER ACT, NOR ENLARGE THE ACTUAL AUTHORITY OF
ANY OFFICER OF THE AUTHORITY, NOR, EXCEPT AS STATED  IN  THIS  SENTENCE,
LIMIT ANY OTHER STATUTE OR RULE OF LAW.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04212-01-1

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