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Assembly Bill A3987

2013-2014 Legislative Session

Relates to reciprocity of debarments imposed under the federal Davis-Bacon Act

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Archive: Last Bill Status - On Floor Calendar

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2013-A3987 (ACTIVE) - Details

See Senate Version of this Bill:
S2860
Law Section:
Labor Law
Laws Affected:
Amd §220-b, Lab L; amd §103, Gen Muni L
Versions Introduced in Other Legislative Sessions:
2011-2012: S5659
2015-2016: S3382

2013-A3987 (ACTIVE) - Summary

Relates to reciprocity of debarments imposed under the federal Davis-Bacon Act; provides that any contractor who has been debarred from federal job sites for having disregarded obligations to employees under the Davis-Bacon Act shall also be debarred under the labor law from bidding on or being awarded similar contracts on public work job sites sponsored by the state or any of its political subdivisions; provides that the contractor may appeal such a determination to the department of labor; provides that whether or not a contractor is debarred under the Davis-Bacon Act will be considered in the selection of a lowest responsible bidder.

2013-A3987 (ACTIVE) - Bill Text download pdf 

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

                                  3987

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2013
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Labor

AN ACT to amend the labor law and the general municipal law, in relation
  to reciprocity of debarments imposed under the federal Davis-Bacon Act

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

  Section 1. Paragraph b of subdivision 3 of section 220-b of the  labor
law is amended by adding a new subparagraph 3 to read as follows:
  (3) WHEN ANY PERSON OR ENTITY IS DEBARRED FOR HAVING DISREGARDED OBLI-
GATIONS  TO  EMPLOYEES  UNDER  THE DAVIS-BACON ACT PURSUANT TO 40 U.S.C.
3144 AND 29 C.F.R. 5.12, SUCH PERSON OR ENTITY,  AND  ANY  FIRM,  CORPO-
RATION, PARTNERSHIP OR ASSOCIATION IN WHICH THE PERSON OR ENTITY OWNS OR
CONTROLS AT LEAST TEN PER CENTUM, SHALL BE INELIGIBLE TO SUBMIT A BID ON
OR  BE  AWARDED  ANY PUBLIC WORKS CONTRACT WITH THE STATE, ANY MUNICIPAL
CORPORATION, PUBLIC BENEFIT CORPORATION OR PUBLIC BODY WHILE THE NAME OF
THE PERSON OR ENTITY IS PUBLISHED IN THE LIST  OF  DEBARRED  CONTRACTORS
PURSUANT  TO  40  U.S.C.  3144. THE DEPARTMENT WILL NOTIFY THE PERSON OR
ENTITY IMMEDIATELY OF SUCH INELIGIBILITY AND SUCH PERSON OR ENTITY  MUST
BE AFFORDED THE OPPORTUNITY TO APPEAL TO THE DEPARTMENT.
  S  2.  Section 103 of the general municipal law is amended by adding a
new subdivision 1-c to read as follows:
  1-C. IN DETERMINING THE LOWEST RESPONSIBLE BIDDER, THE OFFICER,  BOARD
OR  AGENCY  OF  ANY  POLITICAL  SUBDIVISION  OR  OF ANY DISTRICT THEREIN
CHARGED WITH AWARDING OF CONTRACTS, SHALL CONSIDER WHETHER  OR  NOT  THE
BIDDER,  OR  A  PERSON  OR  ENTITY  WITH AN INTEREST OF AT LEAST TEN PER
CENTUM IN THE BIDDER, IS DEBARRED FOR HAVING DISREGARDED OBLIGATIONS  TO
EMPLOYEES  UNDER  THE  DAVIS-BACON ACT PURSUANT TO 40 U.S.C. 3144 AND 29
C.F.R. 5.12, IN MAKING SUCH DETERMINATION OF AWARD.
  S 3.  This act shall take effect immediately and shall apply  prospec-
tively  to  all  public  work  bids  and  contracts.  It shall not apply
retroactively to previously issued or  existing  public  work  contracts
with  the  state,  any  municipal corporation, public benefit company or
public body.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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