Do you support this bill?

Assembly Bill A2879

2011-2012 Legislative Session

Relates to the responsibility of bidders

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Please enter your contact information

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

2011-A2879 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
State Finance Law
Laws Affected:
Add ยง169, St Fin L
Versions Introduced in 2009-2010 Legislative Session:
A2039

2011-A2879 (ACTIVE) - Summary

Provides guidelines for the responsibility of bidders; defines terms; further provides certain guidelines contracting agencies shall follow when giving due consideration to the bidder's expertise, etc.

2011-A2879 (ACTIVE) - Bill Text download pdf 

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

                                  2879

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2011
                               ___________

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

AN ACT to amend the state finance law, in relation to the responsibility
  of bidders

  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. GUIDELINES FOR DETERMINING THE RESPONSIBILITY OF BIDDERS.    1.
DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS UNLESS OTHERWISE SPECIFIED:
  A. "CONTRACTING AGENCY" SHALL MEAN ANY STATE AGENCY, AUTHORITY, BOARD,
COMMISSION OR ANY OTHER INSTRUMENTALITY OF THE STATE; PROVIDED, HOWEVER,
THAT  THIS SECTION SHALL NOT BE DEEMED TO APPLY TO ANY MUNICIPAL GOVERN-
MENT.
  B. "CONTRACT" SHALL MEAN ANY MATERIAL  OR  SERVICE  CONTRACT  THAT  IS
REQUIRED BY STATUTE TO BE LET BY COMPETITIVE BID TO THE LOWEST RESPONSI-
BLE BIDDER OR ANY MATERIAL OR SERVICE CONTRACT FOR WHICH THE CONTRACTING
AGENCY  HAS  LET  A  COMPETITIVE BID OR REQUEST FOR PROPOSAL, ABSENT ANY
STATUTORY MANDATE TO DO SO.
  C. "BIDDER," "CONTRACTOR" AND "SUBCONTRACTOR" SHALL MEAN  ANY  PERSON,
PARTNERSHIP,  FIRM,  CORPORATION  OR  BUSINESS  ENTITY  SUBMITTING  TO A
COMPETITIVE BID FOR, RECEIVING THE AWARD OF, OR SUBMITTED  FOR  APPROVAL
AS A SUBCONTRACTOR ON, A CONTRACT BY ANY CONTRACTING AGENCY.
  2.  IN  DETERMINING  THE  RESPONSIBILITY  OF  A  BIDDER, CONTRACTOR OR
SUBCONTRACTOR, ALL CONTRACTING AGENCIES SHALL GIVE DUE CONSIDERATION  TO
THE BIDDER'S, CONTRACTOR'S OR SUBCONTRACTOR'S:
  A. EXPERTISE,
  B. PRIOR EXPERIENCE IN THE JOB TO BE PERFORMED,
  C.  FINANCIAL RESOURCES TO PERFORM THE WORK OF THE CONTRACT OR SUBCON-
TRACT IN A TIMELY, COMPETENT AND ACCEPTABLE MANNER,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02843-01-1

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.