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.
Ayes (63): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
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.
STATE OF NEW YORK ________________________________________________________________________ 2096 2013-2014 Regular Sessions IN 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