senate Bill S1798

2013-2014 Legislative Session

Relates to requirements for selecting the lowest responsible bidder for certain public works contracts

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to infrastructure and capital investment
Feb 01, 2013 committee discharged and committed to infrastructure and capital investment
Jan 09, 2013 referred to finance

Co-Sponsors

S1798 - Bill Details

Current Committee:
Senate Infrastructure And Capital Investment
Law Section:
State Finance Law
Laws Affected:
Add §135-b, St Fin L; add §100-b, Gen Muni L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3012
2009-2010: S6434A

S1798 - Bill Texts

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Relates to requirements for selecting the lowest responsible bidder for certain public works contracts; requires the submission of a questionnaire to the contracting agency and the comptroller.

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BILL NUMBER:S1798

TITLE OF BILL: An act to amend the state finance law and the general
municipal law, in relation to requirements for selecting the lowest
responsible bidder for certain public works contracts

PURPOSE OR GENERAL IDEA OF BILL:

Section 1 adds a new section 135-b to the state finance law to
establish responsibility standards for bidders of state public work
contracts.

* Subdivision 1 defines a lowest responsible bidder to mean a bidder
who submits the lowest bid and is not disqualified because its
contractors or subcontractors failed to meet certain responsibility
standards.

* Subdivision 2 requires each contractor and subcontractor for a
contract over $100,000 to electronically submit a responsibility
questionnaire to the contracting entity and State Comptroller who must
maintain the information for review by contracting officials prior to
awarding a contract.

* Subdivision 3 requires the questionnaire to identify the
contractor's or subcontractor's principals, owners, officers and
shareholders with 50 or more of the firm's stock, parent company and
subsidiaries; type of business entity; identification of
subcontractors; use of apprenticeship training; violations of state or
federal prevailing wage, unemployment insurance, workers'
compensation, environmental and other labor laws; failure to file tax
returns or any tax liabilities or judgments; criminal history of
business-related activity; contract sanction history including
debarments; expertise; fiscal resources; and Proof of surety bonding
required by law and workers' compensation.

* Subdivision 4 requires affirmation as to the truthfulness of the
questionnaire.

* Subdivision 5 requires contractors and subcontractors to update the
information in their questionnaires prior to being considered for
another contract.

* Subdivision 6 disqualifies a bidder whose contractors or
subcontractors have had a final determination rendered within the past
ten years for non-payment of prevailing wages or unemployment tax,
failure to secure workers' compensation, employee misclassification,
or a criminal conviction for business-related activity; or fail to
provide apprenticeship training; or fail to provide proof of a
required surety bond and workers' compensation insurance. Bidders may
also be disqualified who lack adequate expertise or fiscal resources.
use unsafe equipment, submit bids disproportionately lower than the
agency's estimate or are mathematically or materially unbalanced; fail
to comply with state or federal requirements for using minority-owned,
women-owned or disadvantaged businesses; present false or misleading
information; or present other cause to question the capability and
responsibility of the contractor and subcontractors.


Section 2 adds a new section 100-b to the general municipal law to
establish similar responsibility standards and requirements for local
public work contracts.

Section 3 establishes the effective date.

EXISTING LAW: State finance law section 135, general municipal law
section 103 and other sections of state law require various state and
local agencies and public authorities to award public work contracts
to the lowest responsible bidder, but do not define the term
"responsible."

JUSTIFICATION: Although state and local public work contracts above a
certain value are required to be awarded to the lowest responsible
bidder, the law does not define who is a responsible bidder. As a
result, public work contracts are awarded using different standards
throughout the State. While contracting officials may understand that
contractors who fail to pay prevailing wages and payroll taxes or fail
to provide workers' compensation are not responsible employers, award
decisions are often driven by cost savings.

Under a 1993 Executive Order that is still current, state contracting
agencies are required to use responsibility standards in selecting
bidders and subcontractors for public work contracts (9 NYCRR 4.170).
Agencies must consider a contractor's and subcontractor's past or
current record of criminal conduct in business-related activity,
compliance with labor and workers' compensation laws, use of
registered apprenticeship training programs, good faith compliance
with state and federal requirements to use minority and women-owned
businesses, and adequacy of expertise and financial resources, among
other factors. Currently, the State Comptroller uses an electronic
vendor responsibility system that requires bidders to submit
questionnaires with information relating to these responsibility
standards in order to bid on state public work projects. In 1987, the
New York City Council passed legislation establishing similar
responsibility standards for local bidders which requires use of a
computerized database that receives electronic questionnaires from
bidders and their principals. New York City's VENDEX system is used by
the City's agencies to determine the responsibility of bidders prior
to awarding public work contracts. (NYC Administrative Code 6-116 .
2).

Many local jurisdictions in New York and elsewhere require contractors
to use apprenticeship training programs to be eligible for a public
work contract, including Rochester, the New York City School
Construction Authority, and localities in Massachusetts. Illinois,
Ohio and California. Apprenticeship training ensures a safer workplace
and reduces injuries to unskilled workers which can create new costs
and delays for public owners. The bill allows contractors and
subcontractors to participate in either a federal or state registered
apprenticeship program. New York has 867 registered programs for 56
trades: including 600 independent individual programs The federal
program includes 14 additional trades. Between these two programs, New
York's.contractors and subcontractors have diverse opportunities to
satisfy their responsibility requirement to participate in an
apprenticeship program.


The law's lack of responsibility standards creates an unlevel playing
field for law-abiding contractors who submit higher bids because they
rightly pay prevailing wages and provide apprenticeship training. The
welfare and safety of employees are also at risk since they do not
receive prevailing wages or workers' compensation benefits if injured
on the job, and often lack necessary training because their employers
do not participate in apprenticeship training programs. State and
local governments are also impacted when workers bring home
insufficient paychecks to support local businesses and pay taxes.
Injured employees without workers' compensation or disability coverage
may turn to public assistance. For the State, millions of dollars in
uncollected revenues from unemployment and other payroll taxes are
siphoned off into New York's underground economy.

The problems caused by irresponsible bidders have existed for decades
in New York. In 2009, a joint legislative hearing was held to study
these problems and determine whether the law should be changed. State
and local officials, employee and employer organizations, and others
with first-hand knowledge of the economic, social, and
brick-and-mortar implications testified regarding best practices of
responsible bidding for public work used in New York and elsewhere.
Responsibility standards would also help reduce the frequency of
litigation by unsuccessful bidders who often challenge the award
decisions of local contracting officials. Responsibility requirements
may also expand opportunities for qualified minority and women-owned
businesses to perform public work contracts. The Senate Labor
Committee reported these findings in a report on the hearing,
"Responsible Bidding on Public Work: Improving New York's Lowest
Responsible Bidder Law," January 2010.

The reforms in this bill to the State's lowest responsible bidding law
will bring much-needed and long overdue reform to the way state and
local agencies use public money to award public work contracts.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: Modifications to existing state computerized
vendor responsibility program expected to he

EFFECTIVE DATE: This bill would take effect 90 days after its
enactment into law.

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

                                  1798

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  ESPAILLAT,  HASSELL-THOMPSON  --  read  twice and
  ordered printed, and when printed to be committed to the Committee  on
  Finance

AN  ACT to amend the state finance law and the general municipal law, in
  relation to requirements for selecting the lowest  responsible  bidder
  for certain public works contracts

  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
135-b to read as follows:
  S 135-B. LOWEST RESPONSIBLE BIDDER. 1. DEFINITION. FOR THE PURPOSES OF
THIS  SECTION,  "LOWEST RESPONSIBLE BIDDER" SHALL MEAN THE PERSON, FIRM,
CORPORATION, CONTRACTOR OR SUBCONTRACTOR OR OTHER  ENTITY  SUBMITTING  A
BID  FOR  A  PUBLIC WORK CONTRACT FOR THE ERECTION, CONSTRUCTION, RECON-
STRUCTION OR ALTERATION OF BUILDINGS WHO:
  A. SUBMITS THE LOWEST BID; AND
  B. IS NOT DISQUALIFIED ON ANY OF THE GROUNDS LISTED UNDER  SUBDIVISION
SIX OF THIS SECTION.
  2. USE OF QUESTIONNAIRE TO DETERMINE RESPONSIBILITY OF CONTRACTORS AND
SUBCONTRACTORS.    A. NO PUBLIC WORK CONTRACT IN AN AMOUNT EXCEEDING ONE
HUNDRED THOUSAND DOLLARS MAY BE AWARDED BY AN AGENCY, DEPARTMENT, PUBLIC
AUTHORITY OR PUBLIC BENEFIT CORPORATION, OFFICE OR OTHER ENTITY  OF  THE
STATE,  TO  THE  LOWEST  RESPONSIBLE  BIDDER  UNLESS EACH CONTRACTOR AND
SUBCONTRACTOR FOR THE  CONTRACT  SUBMITS,  AND  THE  CONTRACTING  ENTITY
REVIEWS, A QUESTIONNAIRE DEMONSTRATING ITS RESPONSIBILITY TO PERFORM THE
CONTRACT.
  B.  QUESTIONNAIRES MUST BE SUBMITTED ELECTRONICALLY TO THE CONTRACTING
ENTITY AND TO THE COMPTROLLER WHO SHALL MAINTAIN THE INFORMATION  IN  AN
ELECTRONIC  DATABASE FOR REVIEW BY ANY STATE OR LOCAL CONTRACTING ENTITY
THAT AWARDS PUBLIC WORK CONTRACTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04991-01-3

S. 1798                             2

  3. CONTENTS OF QUESTIONNAIRE. THE COMPTROLLER SHALL PREPARE A  UNIFORM
QUESTIONNAIRE  FOR  USE  BY  STATE AND LOCAL CONTRACTING ENTITIES, WHICH
SHALL REQUIRE EACH CONTRACTOR AND SUBCONTRACTOR TO PROVIDE THE FOLLOWING
INFORMATION:
  A.  THE  NAME, ADDRESS AND TELEPHONE NUMBER OF ITS PRINCIPALS, OWNERS,
OFFICERS, SHAREHOLDERS WHO OWN OR CONTROL AT LEAST FIVE PERCENT  OF  THE
STOCK  OF  THE  CONTRACTOR  OR SUBCONTRACTOR, PARENT COMPANY AND SUBSID-
IARIES. FOR PURPOSES  OF  THIS  SECTION,  THE  TERM  "AFFILIATES"  SHALL
INCLUDE EACH OF THE INDIVIDUALS AND ENTITIES LISTED IN THIS PARAGRAPH;
  B.  THE  TAXPAYER  IDENTIFICATION  NUMBER  OR  EMPLOYER IDENTIFICATION
NUMBER, AND THE DUN AND BRADSTREET NUMBER;
  C. THE TYPE OF BUSINESS ENTITY, INCLUDING BUT NOT  LIMITED  TO  CORPO-
RATION, PARTNERSHIP, LIMITED LIABILITY CORPORATION, LIMITED PARTNERSHIP,
JOINT VENTURE OR SOLE PROPRIETOR;
  D.  THE  NAMES  AND  ADDRESSES  OF  THE SUBCONTRACTORS PLANNED FOR THE
PROJECT;
  E. THE USE OF REGISTERED AND APPROVED APPRENTICESHIP TRAINING PROGRAMS
FOR THE PAST FIVE YEARS;
  F. ANY VIOLATIONS OF THE PREVAILING WAGE LAW UNDER  ARTICLE  EIGHT  OF
THE  LABOR  LAW  OR  THE  FEDERAL  DAVIS-BACON  ACT BY THE CONTRACTOR OR
SUBCONTRACTOR AND ITS AFFILIATES;
  G. ANY VIOLATIONS OF STATE OR FEDERAL LAWS  RELATING  TO  UNEMPLOYMENT
COMPENSATION,  WORKERS'  COMPENSATION,  OCCUPATIONAL  HEALTH AND SAFETY,
EMPLOYEE MISCLASSIFICATION, EMPLOYMENT DISABILITY, EMPLOYMENT  DISCRIMI-
NATION,  OR  OTHER LABOR LAWS BY THE CONTRACTOR OR SUBCONTRACTOR AND ITS
AFFILIATES;
  H. ANY VIOLATIONS OF STATE OR FEDERAL ENVIRONMENTAL PROTECTION LAWS BY
THE CONTRACTOR OR SUBCONTRACTOR AND ITS AFFILIATES;
  I. ANY FAILURE TO FILE FEDERAL, STATE OR LOCAL TAX  RETURNS,  ANY  TAX
LIABILITIES,  JUDGMENTS  OR  LIENS, AND VIOLATIONS OF AGREEMENTS OR LAWS
UNDER WHICH A TAX CREDIT, TAX EXEMPTION, LOAN OR GRANT  WAS  AWARDED  BY
ANY  FEDERAL,  STATE  OR LOCAL ENTITY BY THE CONTRACTOR OR SUBCONTRACTOR
AND ITS AFFILIATES;
  J. ANY CRIMINAL CONVICTION, INDICTMENT, GRANT  OF  IMMUNITY  OR  CIVIL
VIOLATION  FOR  BUSINESS-RELATED  ACTIVITY, INCLUDING BUT NOT LIMITED TO
BRIBERY, EXTORTION, FRAUD, RACKETEERING, CONTRACT BIDDING AND  RESTRAINT
OF TRADE BY THE CONTRACTOR OR SUBCONTRACTOR AND ITS AFFILIATES;
  K.  CONTRACT  SANCTION  HISTORY INCLUDING FEDERAL OR STATE DEBARMENTS,
SUSPENSIONS,  FINDINGS  OF  INELIGIBILITY,  OR   DISQUALIFICATIONS   FOR
NON-COMPLIANCE  WITH  MINORITY-OWNED, WOMEN-OWNED OR DISADVANTAGED-OWNED
BUSINESS REQUIREMENTS BY THE CONTRACTOR OR SUBCONTRACTOR AND ITS  AFFIL-
IATES;
  L.  ANY PENDING INVESTIGATIONS FOR CRIMINAL OR CIVIL VIOLATIONS OF ANY
STATE OR FEDERAL LAWS BY THE CONTRACTOR OR SUBCONTRACTOR AND ITS  AFFIL-
IATES;
  M.  PROFESSIONAL  LICENSE  SANCTION  HISTORY AGAINST THE CONTRACTOR OR
SUBCONTRACTOR AND ITS AFFILIATES;
  N. EXPERTISE AND EXPERIENCE PERFORMING THE TYPE OF WORK REQUIRED UNDER
THE CONTRACT;
  O. FINANCIAL CAPABILITY AND RELIABILITY INCLUDING FISCAL RESOURCES  TO
PERFORM THE CONTRACT, AND ANY BANKRUPTCIES WITHIN THE PAST SEVEN YEARS;
  P. PROOF OF ANY SURETY BOND REQUIRED BY LAW AND INSURANCE FOR WORKERS'
COMPENSATION AND GENERAL AND PROFESSIONAL LIABILITY FOR THE PROJECT; AND
  Q. WHETHER HEALTH INSURANCE IS PROVIDED TO EMPLOYEES.
  4.  PENALTY.  THE QUESTIONNAIRE SHALL BE SUBSCRIBED AND AFFIRMED AS TO
ITS TRUTH, ACCURACY AND COMPLETENESS UNDER PENALTY OF PERJURY.

S. 1798                             3

  5. CHANGE OF INFORMATION ON QUESTIONNAIRE. ANY CONTRACTOR  OR  SUBCON-
TRACTOR  THAT  HAS  SUBMITTED  A QUESTIONNAIRE ELECTRONICALLY UNDER THIS
SECTION SHALL BE REQUIRED TO UPDATE ANY CHANGE IN THAT INFORMATION, IN A
FORM ESTABLISHED BY THE COMPTROLLER, BEFORE THE  CONTRACTOR  OR  SUBCON-
TRACTOR IS CONSIDERED FOR THE AWARD OF ANOTHER CONTRACT.
  6.  AWARD  OF  PUBLIC  WORK CONTRACT TO LOWEST RESPONSIBLE BIDDER.  A.
WHERE A PUBLIC WORK CONTRACT IS REQUIRED TO BE  AWARDED  TO  THE  LOWEST
RESPONSIBLE BIDDER, NO CONTRACT MAY BE AWARDED TO A BIDDER IF ANY OF ITS
CONTRACTORS OR SUBCONTRACTORS:
  (I)  HAVE  HAD  A  FINAL  DETERMINATION  RENDERED FOR A FAILURE TO PAY
PREVAILING WAGES AND SUPPLEMENTS REQUIRED UNDER  ARTICLE  EIGHT  OF  THE
LABOR LAW, A FAILURE TO SECURE INSURANCE REQUIRED UNDER ARTICLES TWO AND
NINE OF THE WORKERS' COMPENSATION LAW, A FAILURE TO PAY UNEMPLOYMENT TAX
REQUIRED  UNDER  ARTICLE  EIGHTEEN  OF  THE LABOR LAW, OR A VIOLATION OF
EMPLOYEE MISCLASSIFICATION, BY ANY FEDERAL  OR  STATE  AGENCY  OR  COURT
WITHIN THE PAST TEN YEARS;
  (II)  HAVE  HAD  A  CRIMINAL CONVICTION FOR BUSINESS-RELATED ACTIVITY,
INCLUDING BUT NOT LIMITED TO BRIBERY,  EXTORTION,  FRAUD,  RACKETEERING,
CONTRACT  BIDDING  AND RESTRAINT OF TRADE BY THE CONTRACTOR, SUBCONTRAC-
TORS OR ITS AFFILIATES WITHIN THE PAST TEN YEARS;
  (III) FAIL  TO  PARTICIPATE  IN  AN  APPRENTICESHIP  TRAINING  PROGRAM
APPROVED  AND  REGISTERED WITH THE STATE OR FEDERAL DEPARTMENT OF LABOR;
OR
  (IV) FAIL TO PROVIDE PROOF OF ANY SURETY  BOND  REQUIRED  BY  LAW  AND
WORKERS' COMPENSATION COVERAGE.
  B. A CONTRACTING ENTITY MAY DETERMINE THAT A BIDDER IS NOT RESPONSIBLE
AND NOT AWARD A CONTRACT TO THE BIDDER UPON FINDING THAT:
  (I)  THE  PROPOSED  CONTRACTOR OR SUBCONTRACTORS FOR THE CONTRACT LACK
ADEQUATE EXPERTISE, OR LACK  THE  FINANCIAL  RESOURCES  TO  PERFORM  THE
CONTRACT OR SUBCONTRACT IN A TIMELY AND COMPETENT MANNER;
  (II)  THE EQUIPMENT TO BE USED FOR THE CONTRACT IS NOT SAFE FOR OPERA-
TION BY EMPLOYEES OF  THE  CONTRACTOR  OR  SUBCONTRACTORS,  OR  FOR  THE
PUBLIC;
  (III)  THE CONTRACTOR, SUBCONTRACTORS OR ITS AFFILIATES HAVE COMMITTED
A VIOLATION OF ANY LAWS UNDER PARAGRAPH F, G, H,  OR  I  OF  SUBDIVISION
THREE OF THIS SECTION WITHIN THE PAST FIVE YEARS;
  (IV)  THE  BID SUBMITTED IS SO MUCH LOWER THAN THE AGENCY'S ENGINEER'S
ESTIMATE THAT IT SEEMS UNLIKELY THAT THE BIDDER WILL BE ABLE TO  PERFORM
THE CONTRACT SATISFACTORILY AT THE PRICE BID;
  (V) THE BID SUBMITTED IS MATHEMATICALLY OR MATERIALLY UNBALANCED;
  (VI)  A  LACK  OF  GOOD  FAITH EFFORT TO COMPLY WITH STATE AND FEDERAL
REQUIREMENTS   FOR    USE    OF    MINORITY-OWNED,    WOMEN-OWNED    AND
DISADVANTAGED-OWNED BUSINESSES;
  (VII)  FALSE  OR  MISLEADING  INFORMATION  HAS  BEEN  PRESENTED TO THE
CONTRACTING ENTITY IN CONNECTION WITH THE BID; OR
  (VIII) ANY OTHER INFORMATION WHICH RAISES SERIOUS QUESTIONS CONCERNING
THE PRESENT CAPABILITY AND  RESPONSIBILITY  OF  THE  CONTRACTOR  OR  ANY
SUBCONTRACTOR TO PERFORM THE CONTRACT.
  S  2.  The  general  municipal  law is amended by adding a new section
100-b to read as follows:
  S 100-B. LOWEST RESPONSIBLE BIDDER. 1. DEFINITION.   FOR THE  PURPOSES
OF  THIS  SECTION,  "LOWEST  RESPONSIBLE  BIDDER" SHALL MEAN THE PERSON,
FIRM, CORPORATION, CONTRACTOR OR SUBCONTRACTOR OR OTHER  ENTITY  SUBMIT-
TING  A  BID  FOR A PUBLIC WORK CONTRACT FOR THE ERECTION, CONSTRUCTION,
RECONSTRUCTION OR ALTERATION OF BUILDINGS WHO:
  A. SUBMITS THE LOWEST BID; AND

S. 1798                             4

  B. IS NOT DISQUALIFIED ON ANY OF THE GROUNDS LISTED UNDER  SUBDIVISION
SIX OF THIS SECTION.
  2. USE OF QUESTIONNAIRE TO DETERMINE RESPONSIBILITY OF CONTRACTORS AND
SUBCONTRACTORS.    A. NO PUBLIC WORK CONTRACT IN AN AMOUNT EXCEEDING ONE
HUNDRED THOUSAND DOLLARS MAY BE AWARDED BY ANY POLITICAL SUBDIVISION  OR
BY AN OFFICER, BOARD OR AGENCY THEREOF, TO THE LOWEST RESPONSIBLE BIDDER
UNLESS  EACH  CONTRACTOR AND SUBCONTRACTOR FOR THE CONTRACT SUBMITS, AND
THE  CONTRACTING  ENTITY  REVIEWS,  A  QUESTIONNAIRE  DEMONSTRATING  ITS
RESPONSIBILITY TO PERFORM THE CONTRACT.
  B.  QUESTIONNAIRES MUST BE SUBMITTED ELECTRONICALLY TO THE CONTRACTING
ENTITY AND TO THE COMPTROLLER WHO SHALL MAINTAIN THE INFORMATION  IN  AN
ELECTRONIC  DATABASE FOR REVIEW BY ANY STATE OR LOCAL CONTRACTING ENTITY
THAT AWARDS PUBLIC WORK CONTRACTS.
  3. CONTENTS OF QUESTIONNAIRE. THE COMPTROLLER SHALL PREPARE A  UNIFORM
QUESTIONNAIRE FOR USE BY A POLITICAL SUBDIVISION OR BY AN OFFICER, BOARD
OR AGENCY THEREOF, WHICH SHALL REQUIRE EACH CONTRACTOR AND SUBCONTRACTOR
TO PROVIDE THE FOLLOWING INFORMATION:
  A.  THE  NAME, ADDRESS AND TELEPHONE NUMBER OF ITS PRINCIPALS, OWNERS,
OFFICERS, SHAREHOLDERS WHO OWN OR CONTROL AT LEAST FIVE PERCENT  OF  THE
STOCK  OF  THE  CONTRACTOR  OR SUBCONTRACTOR, PARENT COMPANY AND SUBSID-
IARIES.  FOR PURPOSES OF THIS SECTION, THE TERM AFFILIATES SHALL INCLUDE
EACH OF THE INDIVIDUALS AND ENTITIES LISTED IN THIS PARAGRAPH;
  B. THE  TAXPAYER  IDENTIFICATION  NUMBER  OR  EMPLOYER  IDENTIFICATION
NUMBER, AND THE DUN AND BRADSTREET NUMBER;
  C.  THE  TYPE  OF BUSINESS ENTITY, INCLUDING BUT NOT LIMITED TO CORPO-
RATION, PARTNERSHIP, LIMITED LIABILITY CORPORATION, LIMITED PARTNERSHIP,
JOINT VENTURE OR SOLE PROPRIETOR;
  D. THE NAMES AND ADDRESSES  OF  THE  SUBCONTRACTORS  PLANNED  FOR  THE
PROJECT;
  E. THE USE OF REGISTERED AND APPROVED APPRENTICESHIP TRAINING PROGRAMS
FOR THE PAST FIVE YEARS;
  F.  ANY  VIOLATIONS  OF THE PREVAILING WAGE LAW UNDER ARTICLE EIGHT OF
THE LABOR LAW OR THE  FEDERAL  DAVIS-BACON  ACT  BY  THE  CONTRACTOR  OR
SUBCONTRACTOR AND ITS AFFILIATES;
  G.  ANY  VIOLATIONS  OF STATE OR FEDERAL LAWS RELATING TO UNEMPLOYMENT
COMPENSATION, WORKERS' COMPENSATION,  OCCUPATIONAL  HEALTH  AND  SAFETY,
EMPLOYEE  MISCLASSIFICATION, EMPLOYMENT DISABILITY, EMPLOYMENT DISCRIMI-
NATION, OR OTHER LABOR LAWS BY THE CONTRACTOR OR SUBCONTRACTOR  AND  ITS
AFFILIATES;
  H. ANY VIOLATIONS OF STATE OR FEDERAL ENVIRONMENTAL PROTECTION LAWS BY
THE CONTRACTOR OR SUBCONTRACTOR AND ITS AFFILIATES;
  I.  ANY  FAILURE  TO FILE FEDERAL, STATE OR LOCAL TAX RETURNS, ANY TAX
LIABILITIES, JUDGMENTS OR LIENS, AND VIOLATIONS OF  AGREEMENTS  OR  LAWS
UNDER  WHICH  A  TAX CREDIT, TAX EXEMPTION, LOAN OR GRANT WAS AWARDED BY
ANY FEDERAL, STATE OR LOCAL ENTITY BY THE  CONTRACTOR  OR  SUBCONTRACTOR
AND ITS AFFILIATES;
  J.  ANY  CRIMINAL  CONVICTION,  INDICTMENT, GRANT OF IMMUNITY OR CIVIL
VIOLATION FOR BUSINESS-RELATED ACTIVITY, INCLUDING BUT  NOT  LIMITED  TO
BRIBERY,  EXTORTION, FRAUD, RACKETEERING, CONTRACT BIDDING AND RESTRAINT
OF TRADE BY THE CONTRACTOR OR SUBCONTRACTOR AND ITS AFFILIATES;
  K. CONTRACT SANCTION HISTORY INCLUDING FEDERAL  OR  STATE  DEBARMENTS,
SUSPENSIONS,   FINDINGS   OF  INELIGIBILITY,  OR  DISQUALIFICATIONS  FOR
NON-COMPLIANCE WITH MINORITY-OWNED, WOMEN-OWNED  OR  DISADVANTAGED-OWNED
BUSINESS  REQUIREMENTS BY THE CONTRACTOR OR SUBCONTRACTOR AND ITS AFFIL-
IATES;

S. 1798                             5

  L. ANY PENDING INVESTIGATIONS FOR CRIMINAL OR CIVIL VIOLATIONS OF  ANY
STATE  OR FEDERAL LAWS BY THE CONTRACTOR OR SUBCONTRACTOR AND ITS AFFIL-
IATES;
  M.  PROFESSIONAL  LICENSE  SANCTION  HISTORY AGAINST THE CONTRACTOR OR
SUBCONTRACTOR AND ITS AFFILIATES;
  N. EXPERTISE AND EXPERIENCE PERFORMING THE TYPE OF WORK REQUIRED UNDER
THE CONTRACT;
  O. FINANCIAL CAPABILITY AND RELIABILITY INCLUDING FISCAL RESOURCES  TO
PERFORM  THE  CONTRACT,  AND  ANY AUDITS OR BANKRUPTCIES WITHIN THE PAST
SEVEN YEARS;
  P. PROOF OF ANY SURETY BOND REQUIRED BY LAW AND INSURANCE FOR WORKERS'
COMPENSATION AND GENERAL AND PROFESSIONAL LIABILITY FOR THE PROJECT; AND
  Q. WHETHER HEALTH INSURANCE IS PROVIDED TO EMPLOYEES.
  4. PENALTY. THE QUESTIONNAIRE SHALL BE SUBSCRIBED AND AFFIRMED  AS  TO
ITS TRUTH, ACCURACY AND COMPLETENESS UNDER PENALTY OF PERJURY.
  5.  CHANGE  OF INFORMATION ON QUESTIONNAIRE. ANY CONTRACTOR OR SUBCON-
TRACTOR THAT HAS SUBMITTED A  QUESTIONNAIRE  ELECTRONICALLY  UNDER  THIS
SECTION SHALL BE REQUIRED TO UPDATE ANY CHANGE IN THAT INFORMATION, IN A
FORM  ESTABLISHED  BY  THE COMPTROLLER, BEFORE THE CONTRACTOR OR SUBCON-
TRACTOR IS CONSIDERED FOR THE AWARD OF ANOTHER CONTRACT.
  6. AWARD OF PUBLIC WORK CONTRACT TO LOWEST  RESPONSIBLE  BIDDER.    A.
WHERE  A  PUBLIC  WORK  CONTRACT IS REQUIRED TO BE AWARDED TO THE LOWEST
RESPONSIBLE BIDDER, NO CONTRACT MAY BE AWARDED TO A BIDDER IF ANY OF ITS
CONTRACTORS OR SUBCONTRACTORS:
  (I) HAVE HAD A FINAL DETERMINATION  RENDERED  FOR  A  FAILURE  TO  PAY
PREVAILING  WAGES  AND  SUPPLEMENTS  REQUIRED UNDER ARTICLE EIGHT OF THE
LABOR LAW, A FAILURE TO SECURE INSURANCE REQUIRED UNDER ARTICLES TWO AND
NINE OF THE WORKERS' COMPENSATION LAW, A FAILURE TO PAY UNEMPLOYMENT TAX
REQUIRED UNDER ARTICLE EIGHTEEN  OF  THE  LABOR  LAW,  THE  UNEMPLOYMENT
INSURANCE  LAW,  OR  A  VIOLATION  OF EMPLOYEE MISCLASSIFICATION, BY ANY
FEDERAL OR STATE AGENCY OR COURT WITHIN THE PAST TEN YEARS;
  (II) HAVE HAD A CRIMINAL  CONVICTION  FOR  BUSINESS-RELATED  ACTIVITY,
INCLUDING  BUT  NOT  LIMITED TO BRIBERY, EXTORTION, FRAUD, RACKETEERING,
CONTRACT BIDDING AND RESTRAINT OF TRADE BY THE  CONTRACTOR,  SUBCONTRAC-
TORS OR ITS AFFILIATES WITHIN THE PAST TEN YEARS;
  (III)  FAIL  TO  PARTICIPATE  IN  AN  APPRENTICESHIP  TRAINING PROGRAM
APPROVED AND REGISTERED WITH THE STATE OR FEDERAL DEPARTMENT  OF  LABOR;
OR
  (IV)  FAIL  TO  PROVIDE  PROOF  OF ANY SURETY BOND REQUIRED BY LAW AND
WORKERS' COMPENSATION COVERAGE.
  B. A CONTRACTING ENTITY MAY DETERMINE THAT A BIDDER IS NOT RESPONSIBLE
AND NOT AWARD A CONTRACT TO THE BIDDER UPON FINDING THAT:
  (I) THE PROPOSED CONTRACTOR OR SUBCONTRACTORS FOR  THE  CONTRACT  LACK
ADEQUATE  EXPERTISE,  OR  LACK  THE  FINANCIAL  RESOURCES TO PERFORM THE
CONTRACT OR SUBCONTRACT IN A TIMELY AND COMPETENT MANNER;
  (II) THE EQUIPMENT TO BE USED FOR THE CONTRACT IS NOT SAFE FOR  OPERA-
TION  BY  EMPLOYEES  OF  THE  CONTRACTOR  OR  SUBCONTRACTORS, OR FOR THE
PUBLIC;
  (III) THE CONTRACTOR, SUBCONTRACTORS OR ITS AFFILIATES HAVE  COMMITTED
A  VIOLATION  OF  ANY  LAWS UNDER PARAGRAPH F, G, H, OR I OF SUBDIVISION
THREE OF THIS SECTION WITHIN THE PAST FIVE YEARS;
  (IV) THE BID SUBMITTED IS SO MUCH LOWER THAN THE  ENGINEER'S  ESTIMATE
THAT  IT  SEEMS  UNLIKELY  THAT  THE  BIDDER WILL BE ABLE TO PERFORM THE
CONTRACT SATISFACTORILY AT THE PRICE BID;
  (V) THE BID SUBMITTED IS MATHEMATICALLY OR MATERIALLY UNBALANCED;

S. 1798                             6

  (VI) A LACK OF GOOD FAITH EFFORT TO  COMPLY  WITH  STATE  AND  FEDERAL
REQUIREMENTS    FOR    USE    OF    MINORITY-OWNED,    WOMEN-OWNED   AND
DISADVANTAGED-OWNED BUSINESSES;
  (VII)  FALSE  OR  MISLEADING  INFORMATION  HAS  BEEN  PRESENTED TO THE
CONTRACTING ENTITY IN CONNECTION WITH THE BID; OR
  (VIII) ANY OTHER INFORMATION WHICH RAISES SERIOUS QUESTIONS CONCERNING
THE PRESENT CAPABILITY AND  RESPONSIBILITY  OF  THE  CONTRACTOR  OR  ANY
SUBCONTRACTOR TO PERFORM THE CONTRACT.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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