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Senate Bill S7114

2013-2014 Legislative Session

Provides that state contracts shall include a provision that allows the state to cancel the contract when the cost of the contract exceeds the original bid by more than ten percent

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2013-S7114 (ACTIVE) - Details

See Assembly Version of this Bill:
A9638
Current Committee:
Senate Rules
Law Section:
State Finance Law
Laws Affected:
Add §169, St Fin L; add §109-c, Gen Muni L; add §2882, Pub Auth L
Versions Introduced in 2015-2016 Legislative Session:
A1793

2013-S7114 (ACTIVE) - Summary

Provides that state contracts shall include a provision that allows the state to cancel the contract when the cost of the contract exceeds the original bid by more than ten percent.

2013-S7114 (ACTIVE) - Sponsor Memo

2013-S7114 (ACTIVE) - Bill Text download pdf 

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

                                  7114

                            I N  S E N A T E

                             April 28, 2014
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Finance

AN ACT to amend the state finance law, the general municipal law and the
  public authorities law, in relation to contracts  where  costs  exceed
  the bid by more than ten percent

  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. CONTRACTS; COSTS EXCEED BID. A CLAUSE SHALL BE INSERTED IN ALL
SPECIFICATIONS OR CONTRACTS HEREAFTER MADE OR AWARDED BY  THE  STATE  OR
ANY PUBLIC DEPARTMENT, AGENCY, OR OFFICIAL THEREOF, FOR WORK OR SERVICES
PERFORMED  OR  TO  BE PERFORMED, OR GOODS SOLD OR TO BE SOLD, TO PROVIDE
THAT UPON A PERSON,  FIRM,  PARTNERSHIP  OR  CORPORATION  EXCEEDING  THE
ORIGINAL BID BY MORE THAN TEN PERCENT, SUCH CONTRACT MAY BE CANCELLED OR
TERMINATED  BY  THE  STATE  WITHOUT  INCURRING ANY PENALTY OR DAMAGES ON
ACCOUNT OF SUCH CANCELLATION OR TERMINATION, BUT ANY MONIES OWING BY THE
STATE FOR GOODS DELIVERED OR WORK DONE  PRIOR  TO  THE  CANCELLATION  OR
TERMINATION SHALL BE PAID.
  S  2.  The  general  municipal  law is amended by adding a new section
109-c to read as follows:
  S 109-C. CONTRACTS; COSTS EXCEED BID. A CLAUSE SHALL  BE  INSERTED  IN
ALL SPECIFICATIONS OR CONTRACTS HEREAFTER MADE OR AWARDED BY A MUNICIPAL
CORPORATION  OR  ANY PUBLIC DEPARTMENT, AGENCY, OR OFFICIAL THEREOF, FOR
WORK OR SERVICES PERFORMED OR TO BE PERFORMED, OR GOODS SOLD  OR  TO  BE
SOLD,  TO  PROVIDE  THAT UPON A PERSON, FIRM, PARTNERSHIP OR CORPORATION
EXCEEDING THE ORIGINAL BID BY MORE THAN TEN PERCENT, SUCH  CONTRACT  MAY
BE CANCELLED OR TERMINATED BY THE STATE WITHOUT INCURRING ANY PENALTY OR
DAMAGES  ON  ACCOUNT OF SUCH CANCELLATION OR TERMINATION, BUT ANY MONIES
OWING BY THE MUNICIPAL CORPORATION OR ANY PUBLIC DEPARTMENT,  AGENCY  OR
OFFICIAL THEREOF FOR GOODS DELIVERED OR WORK DONE PRIOR TO THE CANCELLA-
TION OR TERMINATION SHALL BE PAID.
  S  3.  The  public  authorities law is amended by adding a new section
2882 to read as follows:

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

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