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.

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S2096-2013 Actions

• May 20, 2013: referred to corporations, authorities and commissions
• May 20, 2013: DELIVERED TO ASSEMBLY
• May 20, 2013: PASSED SENATE
• May 8, 2013: ADVANCED TO THIRD READING
• May 7, 2013: 2ND REPORT CAL.
• May 6, 2013: 1ST REPORT CAL.536
• Jan 10, 2013: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

S2096-2013 Meetings

Corporations, Authorities and Commissions: May 6, 2013

S2096-2013 Calendars

Active List: May 20, 2013 , Floor Calendar: May 7, 2013 , Floor Calendar: May 8, 2013 , Floor Calendar: May 20, 2013

S2096-2013 Votes

S2096-2013 Memo

BILL NUMBER:S2096

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

PURPOSE:  The purpose of this bill is to prohibit 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 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.

EXISTING LAW:  Subdivision 2 of section 1734 of the public authorities
law is amended.

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.

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

S.1989 of 2011 - Passed Senate 06/13/12

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS:

EFFECTIVE DATE:  This act shall take effect immediately.

S2096-2013 Text

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

                                    2096

                         2013-2014 Regular Sessions

                              I N  SENATE

                              January 10, 2013
                                 ___________

  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.
                                                             LBD03866-01-3