A915-2011 Actions

• May 11, 2011: enacting clause stricken
• Jan 5, 2011: referred to local governments

A915-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          915
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 (PREFILED)
 January 5, 2011
 
 Introduced by M. of A. DESTITO, MORELLE -- read once and referred to the
 Committee on Local Governments
 AN  ACT to amend the general municipal law, in relation to prequalifica
 tion of bidders on public works projects
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivision 15 of section 103 of the general municipal law,
 as added by section 1-a of part MM of chapter 57 of the laws of 2008, is
 amended to read as follows:

 15.  (a)  Notwithstanding any general, special or local law or rule or
 regulation to the contrary, an officer, board or agency of any  [county,
 any  school  district  or  any political subdivision of the state with a
 population of fifty thousand or more charged with  awarding  a  contract
 for  public  work]  CITY  WITH  A  POPULATION OF ONE MILLION OR MORE may
 establish guidelines governing the qualifications of bidders seeking  to
 bid  or  enter  into [such] contracts FOR PUBLIC WORK.  If such officer,
 board or agency maintains an appropriate list of qualified bidders,  the
 bidding  shall  be  restricted  to those who have qualified prior to the
 receipt of bids according to standards fixed by such officer,  board  or
 agency. In determining whether a prospective bidder qualifies for inclu
 sion  on  a  list of pre-qualified bidders, the officer, board or agency
 shall consider the experience and record of performance of the  prospec
 tive bidder in the particular type of work, as well as: (i) the prospec
 tive bidder's ability to undertake the particular type and complexity of
 work;  (ii)  the financial capability, responsibility and reliability of
 the prospective bidder for such type and complexity of work;  (iii)  the
 record of the prospective bidder in complying with existing labor stand
 ards  and  maintaining  harmonious labor relations; (iv) the prospective
 bidder's compliance with equal employment opportunity  requirements  and
 anti-discrimination  laws,  and  demonstrated commitment to working with
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01318-01-1
 
       A. 915                              2
 minority and women-owned businesses through joint  ventures  or  subcon
 tractor  relationships;  and (v) the record of the prospective bidder in
 protecting the health and safety of workers on public works projects and
 job sites as demonstrated by the prospective bidder's experience modifi
 cation rate for each of the last three years.
 (b)  Such public officer, board or agency shall, not less than annual
 ly, publish in a newspaper of  general  circulation  in  such  political
 subdivision  an  advertisement  requesting prospective bidders to submit
 qualification statements. Lists of pre-qualified bidders may  be  estab
 lished  on a project-specific basis.  [Prequalified] PRE-QUALIFIED lists
 shall include all bidders that qualify; provided, however, that any such
 list shall have no less than five bidders but shall remain open for  all
 additional  qualified  bidders.  The  public  officer, board or agency's
 procedures for prequalifying bidders shall include  an  appeals  process
 for  those  denied  a  place on a pre-qualified list. Any denial must be
 based upon substantial evidence, cannot be arbitrary or capricious,  and
 shall be subject to judicial review pursuant to article seventy-eight of
 the  civil  practice  law and rules. The public officer, board or agency
 may move forward on the contract award during such appeals.
 [(c) Any school district or political subdivision of the state with  a
 population  of less than fifty thousand may utilize a list of pre-quali-
 fied bidders maintained by the county within which  the  subdivision  is
 located, if such list is maintained.]
 

S 2. This act shall take effect immediately.

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