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.

---

S1989-2011 Actions

• Jun 13, 2012: referred to corporations, authorities and commissions
• Jun 13, 2012: DELIVERED TO ASSEMBLY
• Jun 13, 2012: PASSED SENATE
• Jun 13, 2012: ORDERED TO THIRD READING CAL.1210
• Jun 13, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jan 4, 2012: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Jun 2, 2011: referred to corporations, authorities and commissions
• Jun 2, 2011: DELIVERED TO ASSEMBLY
• Jun 2, 2011: PASSED SENATE
• May 24, 2011: ADVANCED TO THIRD READING
• May 23, 2011: 2ND REPORT CAL.
• May 18, 2011: 1ST REPORT CAL.765
• Jan 14, 2011: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

S1989-2011 Meetings

Corporations, Authorities and Commissions: May 18, 2011, Rules: Jun 18, 2012

S1989-2011 Calendars

Active List: Jun 2, 2011 , Floor Calendar: May 23, 2011 , Floor Calendar: May 24, 2011 , Floor Calendar: May 25, 2011 , Floor Calendar: Jun 1, 2011 , Floor Calendar: Jun 2, 2011 , Floor Calendar: Jun 13, 2012

S1989-2011 Votes

S1989-2011 Memo

BILL NUMBER:S1989

TITLE OF BILL:

An act
to amend the public authorities law, in relation to contracts by the New
York city school construction authority

PURPOSE OR GENERAL IDEA OF BILL:

Prohibits a bid to SCA from being rejected or declared invalid solely
for harmless, technical, or ministerial defects where the intent is
clearly discernible and unintentional.

SUMMARY OF SPECIFIC PROVISIONS:

Amends paragraph b of subdivision 2 of section 1734 of the public
authorities law to prohibit a bid from being 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. Additionally provides that this shall
not be deemed to relieve any bidder from any criminal or civil
liability, or to enlarge the actual authority of any officer of the
authority, nor, except as stated here, to limit any other statute or
law.

JUSTIFICATION:

The SCA has the power to accept or reject bids for various reasons,
but lacks the ability to overlook harmless defects in a bid--for
example, where the written description of a number varies slightly
from the number itself. This bill remedies the defect in its bidding
powers. It does not change or alter any other grounds for accepting
or rejecting a bid or bidder.

PRIOR LEGISLATIVE HISTORY:

2007-2008: S.6948 - Referred to Corporations, Authorities
& Commissions, Passed the Senate
2009-2010: S.2120 - Referred to Corporations, Authorities & Commissions

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

S1989-2011 Text

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

                                    1989

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 14, 2011
                                 ___________

  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.
    S 2. This act shall take effect immediately.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD04212-01-1