Relates to deposits on plans and specifications for contracts for public works.
TITLE OF BILL: An act to amend the state finance law, in relation to deposits on plans and specifications for contracts for public works
Purpose of the Bill:
The bill would amend State Finance Law § 143 to give State agencies greater flexibility to waive the deposits on plans and specifications for contracts for public works.
Summary of Provisions:
Section 1 of this bill would amend State Finance Law § 143(1) to make permissive rather than mandatory the requirement for deposits that State agencies currently must charge for bidders to obtain copies of plans and specifications for public works projects. In addition, even where payment is required, the fee would be waived upon the request of any minority and worsen-owned business enterprise certified pursuant to Executive Law Art. 15-a ("certified MWBE").
Section 2 of the bill provides for an immediate effective date.
State Finance Law § 143(1) requires any agency that prepares plans and specifications for a public works project to charge a deposit (not to exceed $100) to each person requesting a copy of such plans and specifications.
Prior Legislative History:
This proposal was introduced in 2005 in the Senate (S.4205) and in 2007 in the Assembly and the Senate (A.8523/S.4002-A) It was again introduced in 2009 (A.8063/S.3364) and passed in the Assembly, but not in the Senate The bill carried over in 2010 and again passed in the Assembly but not the Senate.
Statement in Support:
Currently, prospective bidders and suppliers must purchase the bid documents directly from the State agency preparing the plans and specifications. But now that plans and specifications are often produced electronically, printing and shipping large drawings and books of specifications is more costly than transmitting this information for distribution electronically. This bill would give State agencies the option to waive the requirement of a deposit for bid documents where such documents are produced and available electronically. In addition, the deposit would be automatically waived upon the request of any certified MWBE.
This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 5555 2013-2014 Regular Sessions IN SENATE May 20, 2013 ___________Introduced by COMMITTEE ON RULES -- (at request of the Office of General Services) -- read twice and ordered printed, and when printed to be committed to the Committee on Infrastructure and Capital Investment AN ACT to amend the state finance law, in relation to deposits on plans and specifications for contracts for public works THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 143 of the state finance law, as amended by chapter 43 of the laws of 1969, is amended to read as follows: 1. Notwithstanding any inconsistent provision of any general or special law, the board, division, department, bureau, agency, officer or commission of the state charged with the duty of preparing plans and specifications for and awarding or entering into contracts for the performance of public work
[shall]MAY require the payment of a fixed sum of money, not exceeding one hundred dollars, for each copy of such plans and specifications, by persons or corporations desiring a copy thereof. Any person or corporation desiring a copy of such plans and specifications and making the deposit required by this section shall be furnished with one copy of the plans and specifications. NOTWITHSTAND- ING THE ABOVE, WHERE PAYMENT IS REQUIRED IT SHALL BE WAIVED UPON REQUEST BY MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES CERTIFIED PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW. SUCH PAYMENT MAY ALSO BE WAIVED WHEN THE PLANS AND SPECIFICATIONS ARE MADE AVAILABLE AND OBTAINED ELEC- TRONICALLY OR IN ANY NON-PAPER FORM FROM THE BOARD, DIVISION, DEPART- MENT, BUREAU, AGENCY, OFFICER OR COMMISSION OF THE STATE. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09094-01-3