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Assembly Bill A2127

2009-2010 Legislative Session

Requires the low bidder on state contracts to provide proof that the prevailing wage shall be paid when such bid is lower than the next lowest bid by 10% or more

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Archive: Last Bill Status - In Assembly Committee

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2009-A2127 (ACTIVE) - Details

See Senate Version of this Bill:
S5195
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd ยงยง220 & 231, Lab L

2009-A2127 (ACTIVE) - Summary

Requires the low bidder on state contracts to provide proof to the satisfaction of the contracting entity that the prevailing wage shall be paid on such contract when such bid is lower than the next lowest bid by ten percent or more or ten percent less than the contracting entity's estimate of the project's cost.

2009-A2127 (ACTIVE) - Bill Text download pdf 

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

                                  2127

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by M. of A. JOHN, NOLAN, PERALTA -- Multi-Sponsored by -- M.
  of A. GALEF, GOTTFRIED, LIFTON, O'DONNELL, PHEFFER, WEISENBERG -- read
  once and referred to the Committee on Labor

AN ACT to amend the labor law, in relation to requiring proof of payment
  of the prevailing wage for certain state contracts

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

  Section  1.  Section  220  of the labor law is amended by adding a new
subdivision 10 to read as follows:
  10. IN ANY INSTANCE IN WHICH THE VARIATION BETWEEN THE LOW BID ON  ANY
PUBLIC WORK CONTRACT OR SUBCONTRACT WITH THE STATE, ANY MUNICIPAL CORPO-
RATION,  OR  PUBLIC BODY AND THE NEXT LOWEST BID IS TEN PERCENT OR MORE,
OR IS TEN PERCENT LOWER THAN THE CONTRACTING ENTITY'S  ESTIMATE  OF  THE
PROJECT'S  COST,  THE LOW BIDDER SHALL PROVIDE PROOF TO THE SATISFACTION
OF THE CONTRACTING ENTITY THAT THE PREVAILING WAGE WILL BE PAID, FAILING
WHICH, SUCH BID SHALL BE REJECTED.
  S 2. Section 231 of the labor law is amended by adding a new  subdivi-
sion 8 to read as follows:
  8.  IN  ANY INSTANCE IN WHICH THE VARIATION BETWEEN THE LOW BID ON ANY
PUBLIC WORK CONTRACT OR SUBCONTRACT WITH THE STATE, ANY MUNICIPAL CORPO-
RATION, OR PUBLIC BODY AND THE NEXT LOWEST BID IS TEN PERCENT  OR  MORE,
OR  IS  TEN  PERCENT LOWER THAN THE CONTRACTING ENTITY'S ESTIMATE OF THE
PROJECT'S COST, THE LOW BIDDER SHALL PROVIDE PROOF TO  THE  SATISFACTION
OF THE CONTRACTING ENTITY THAT THE PREVAILING WAGE WILL BE PAID, FAILING
WHICH, SUCH BID SHALL BE REJECTED.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04752-01-9

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