STATE OF NEW YORK
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3995
2015-2016 Regular Sessions
IN SENATE
February 25, 2015
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Introduced by Sen. MARTINS -- read twice and ordered printed, and when
printed to be committed to the Committee on Labor
AN ACT to amend the labor law and the general municipal law, in relation
to reciprocity of debarments imposed under the federal Davis-Bacon Act
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 3 to read as follows:
3 (3) When any person or entity is debarred for having disregarded obli-
4 gations to employees under the Davis-Bacon Act pursuant to 40 U.S.C.
5 3144 and 29 C.F.R. 5.12, such person or entity, and any "substantially
6 owned-affiliated entity" as defined by paragraph g of subdivision five
7 of section two hundred twenty of this article, shall be ineligible to
8 submit a bid on or be awarded any public works contract with the state,
9 any municipal corporation, public benefit corporation or public body
10 while the name of the person or entity is published in the list of
11 debarred contractors pursuant to 40 U.S.C. 3144. Where a person or enti-
12 ty is determined to be ineligible pursuant to this subparagraph because
13 it is considered a "substantially owned-affiliated entity," such person
14 or entity shall be provided with written notice from the department and
15 shall be afforded the opportunity to appeal the ineligibility determi-
16 nation to the department.
17 § 2. Section 103 of the general municipal law is amended by adding a
18 new subdivision 1-c to read as follows:
19 1-c. In determining the lowest responsible bidder, the officer, board
20 or agency of any political subdivision or of any district therein
21 charged with awarding of contracts, shall consider whether or not the
22 bidder, or any "substantially owned-affiliated entity" as defined by
23 paragraph g of subdivision five of section two hundred twenty of the
24 labor law, has been found to be in violation of the Davis-Bacon Act
25 pursuant to 40 U.S.C. 3144, the Copeland Act pursuant to 18 U.S.C. 874
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08876-01-5
S. 3995 2
1 and 40 U.S.C. 3145 or the Contract Work Hours and Safety Standards Act
2 pursuant to 40 U.S.C. 332.
3 § 3. This act shall take effect on the one hundred twentieth day after
4 it shall have become a law and shall apply to all public work bids and
5 contracts solicited on or after such effective date; provided, however,
6 this act shall not apply retroactively to previously issued or existing
7 public work contracts, with the state, any municipal corporation, public
8 benefit corporation or public body.
