Relates to making contractors, subcontractors, and substantially owned-affiliated entities that have been debarred under the Davis-Bacon Act (40 U.S.C. 3144) ineligible to bid for or be awarded public works contracts.
STATE OF NEW YORK
________________________________________________________________________
7726
2023-2024 Regular Sessions
IN ASSEMBLY
June 6, 2023
___________
Introduced by M. of A. SLATER -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law and the general municipal law, in relation
to requiring certain entities to disclose if they have been debarred
from being awarded public contracts
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph b of subdivision 3 of section 220-b of the labor
2 law is amended by adding a new subparagraph 4 to read as follows:
3 (4) (i) When any contractor, subcontractor, or person is debarred by
4 the federal or any state or territorial government, for having disre-
5 garded obligations to employees under the Davis-Bacon act pursuant to 40
6 U.S.C. 3144, such contractor, subcontractor, or person shall be ineli-
7 gible to submit a bid on or be awarded any public work contract with the
8 state or any municipal corporation, public benefit corporation, or
9 public body during such period of debarment.
10 (ii) When the fiscal officer determines that a contractor, subcontrac-
11 tor or person is a "substantially owned-affiliated entity", as defined
12 by paragraph g of subdivision five of section two hundred twenty of this
13 article, in relation to a contractor, subcontractor, or person debarred
14 under clause (i) of this subparagraph, such substantially owned-affili-
15 ated entity shall be ineligible to submit a bid or be awarded any public
16 work contract with the state or any municipal corporation, public bene-
17 fit corporation, or public body for the duration of the remaining period
18 of debarment of such contractor, subcontractor, or person debarred under
19 clause (i) of this subparagraph. In order for a substantially owned-af-
20 filiated entity to be debarred pursuant to this clause, such substan-
21 tially owned-affiliated entity must have had substantial involvement in
22 the day to day management of the contractor, subcontractor, or person
23 debarred under clause (i) of this subparagraph.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11687-01-3
A. 7726 2
1 (iii) Any contractor, subcontractor, or person debarred under clause
2 (i) of this subparagraph or substantially owned-affiliated entity
3 debarred under clause (ii) of this subparagraph shall be added to New
4 York state's list of debarred entities pursuant to executive order
5 number one hundred ninety-two of two thousand nineteen.
6 (iv) Any determinations made pursuant to this subparagraph shall be
7 subject to review pursuant to article seventy-eight of the civil prac-
8 tice law and rules.
9 § 2. Section 103 of the general municipal law is amended by adding a
10 new subdivision 1-d to read as follows:
11 1-d. In determining the lowest responsible bidder, the officer, board,
12 or agency of any political subdivision or of any district therein
13 charged with awarding of contracts, shall consider whether or not the
14 bidder, or any "substantially owned-affiliated entity", as defined by
15 paragraph g of subdivision five of section two hundred twenty of the
16 labor law, has been debarred by the federal or any state or territorial
17 government.
18 § 3. This act shall take effect one year after it shall have become a
19 law and shall apply to all public works bids and contracts solicited on
20 or after such effective date; provided, however, this act shall not
21 apply retroactively to previously issued or existing public works
22 contracts, with the state or any municipal corporation, public benefit
23 corporation, or public body.
