S T A T E O F N E W Y O R K
________________________________________________________________________
1147
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. DESTITO, MORELLE, DelMONTE -- read once and
referred to the Committee on Local Governments
AN ACT to amend the general municipal law, in relation to prequalifica-
tion of bidders on public works projects
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 15 of section 103 of the general municipal law,
as added by section 1-a of part MM of chapter 57 of the laws of 2008, is
amended to read as follows:
15. (a) Notwithstanding any general, special or local law or rule or
regulation to the contrary, an officer, board or agency of any [county,
any school district or any political subdivision of the state with a
population of fifty thousand or more charged with awarding a contract
for public work] CITY WITH A POPULATION OF ONE MILLION OR MORE may
establish guidelines governing the qualifications of bidders seeking to
bid or enter into [such] contracts FOR PUBLIC WORK. If such officer,
board or agency maintains an appropriate list of qualified bidders, the
bidding shall be restricted to those who have qualified prior to the
receipt of bids according to standards fixed by such officer, board or
agency. In determining whether a prospective bidder qualifies for inclu-
sion on a list of pre-qualified bidders, the officer, board or agency
shall consider the experience and record of performance of the prospec-
tive bidder in the particular type of work, as well as: (i) the prospec-
tive bidder's ability to undertake the particular type and complexity of
work; (ii) the financial capability, responsibility and reliability of
the prospective bidder for such type and complexity of work; (iii) the
record of the prospective bidder in complying with existing labor stand-
ards and maintaining harmonious labor relations; (iv) the prospective
bidder's compliance with equal employment opportunity requirements and
anti-discrimination laws, and demonstrated commitment to working with
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03874-01-9
A. 1147 2
minority and women-owned businesses through joint ventures or subcon-
tractor relationships; and (v) the record of the prospective bidder in
protecting the health and safety of workers on public works projects and
job sites as demonstrated by the prospective bidder's experience modifi-
cation rate for each of the last three years.
(b) Such public officer, board or agency shall, not less than annual-
ly, publish in a newspaper of general circulation in such political
subdivision an advertisement requesting prospective bidders to submit
qualification statements. Lists of pre-qualified bidders may be estab-
lished on a project-specific basis. [Prequalified] PRE-QUALIFIED lists
shall include all bidders that qualify; provided, however, that any such
list shall have no less than five bidders but shall remain open for all
additional qualified bidders. The public officer, board or agency's
procedures for prequalifying bidders shall include an appeals process
for those denied a place on a pre-qualified list. Any denial must be
based upon substantial evidence, cannot be arbitrary or capricious, and
shall be subject to judicial review pursuant to article seventy-eight of
the civil practice law and rules. The public officer, board or agency
may move forward on the contract award during such appeals.
[(c) Any school district or political subdivision of the state with a
population of less than fifty thousand may utilize a list of pre-quali-
fied bidders maintained by the county within which the subdivision is
located, if such list is maintained.]
S 2. This act shall take effect immediately.