Senate Bill S813

2017-2018 Legislative Session

Relates to contracts by the New York city school construction authority

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-S813 (ACTIVE) - Details

See Assembly Version of this Bill:
A996
Current Committee:
Senate Rules
Law Section:
Public Authorities Law
Laws Affected:
Amd §1734, Pub Auth L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2120
2011-2012: S1989, A9962
2013-2014: S2096, A3386
2015-2016: S692, A4090

2017-S813 (ACTIVE) - Summary

Relates to contracts by the New York City school construction authority; provides that a bid shall not be rejected or be deemed invalid, impaired or in any manner defective solely for harmless, technical, or ministerial defects, where the intent is clearly discernible and unintentional, provided, however, that this section shall not be deemed to relieve any bidder from any criminal or civil liability as may be imposed by reason of his or her act, nor enlarge the actual authority of any officer of the authority, nor, except as stated in this sentence, limit any other statute or rule of law.

2017-S813 (ACTIVE) - Sponsor Memo

2017-S813 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    813
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 AN  ACT to amend the public authorities law, in relation to contracts by
   the New York city school construction authority

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph b of subdivision 2 of section 1734 of the public
 authorities law, as added by chapter 738 of the laws of 1988, is amended
 to read as follows:
   b. The authority may reject all bids and obtain new bids in the manner
 provided by this section when it deems it in the public interest  to  do
 so  or,  in cases where two or more responsible bidders submit identical
 bids which are the lowest bids,  award  the  contract  to  any  of  such
 bidders or obtain new bids from such bidders. Nothing herein shall obli-
 gate the authority to seek new bids after the rejection of bids or after
 cancellation  of  an  invitation  to  bid. Nothing in this section shall
 prohibit the evaluation of bids on the basis of costs or savings includ-
 ing life cycle costs  of  the  item  to  be  purchased,  discounts,  and
 inspection  services  so  long  as the invitation to bid reasonably sets
 forth the criteria to be used in evaluating such costs or savings.  Life
 cycle  costs  may  include  but shall not be limited to costs or savings
 associated with installation, energy  use,  maintenance,  operation  and
 salvage  or disposal.  A BID SHALL NOT BE REJECTED OR BE DEEMED INVALID,
 IMPAIRED OR IN ANY MANNER DEFECTIVE SOLELY FOR HARMLESS,  TECHNICAL,  OR
 MINISTERIAL  DEFECTS,  WHERE THE INTENT IS CLEARLY DISCERNIBLE AND UNIN-
 TENTIONAL, PROVIDED, HOWEVER, THAT THIS SECTION SHALL NOT BE  DEEMED  TO
 RELIEVE  ANY  BIDDER  FROM  ANY  CRIMINAL  OR  CIVIL LIABILITY AS MAY BE
 IMPOSED BY REASON OF HIS OR HER ACT, NOR ENLARGE THE ACTUAL AUTHORITY OF
 ANY OFFICER OF THE AUTHORITY, NOR, EXCEPT AS STATED  IN  THIS  SENTENCE,
 LIMIT ANY OTHER STATUTE OR RULE OF LAW.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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