Relates to reciprocity of debarments imposed under the federal Davis-Bacon Act; provides that any contractor who has been debarred from federal job sites for having disregarded obligations to employees under the Davis-Bacon Act shall also be debarred under the labor law from bidding on or being awarded similar contracts on public work job sites sponsored by the state or any of its political subdivisions; provides that the contractor may appeal such a determination to the department of labor; provides that whether or not a contractor is debarred under the Davis-Bacon Act will be considered in the selection of a lowest responsible bidder.
STATE OF NEW YORK
________________________________________________________________________
5659--C
Cal. No. 1075
2011-2012 Regular Sessions
IN SENATE
June 9, 2011
___________
Introduced by Sens. SAVINO, ADDABBO, AVELLA, PARKER -- read twice and
ordered printed, and when printed to be committed to the Committee on
Labor -- recommitted to the Committee on Labor in accordance with
Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- committee discharged and said bill committed to
the Committee on Rules -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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 firm, corpo-
6 ration, partnership or association in which the person or entity owns or
7 controls at least ten per centum, shall be ineligible to submit a bid on
8 or be awarded any public works contract with the state, any municipal
9 corporation, public benefit corporation or public body while the name of
10 the person or entity is published in the list of debarred contractors
11 pursuant to 40 U.S.C. 3144. The department will notify the person or
12 entity immediately of such ineligibility and such person or entity must
13 be afforded the opportunity to appeal to the department.
14 § 2. Section 103 of the general municipal law is amended by adding a
15 new subdivision 1-c to read as follows:
16 1-c. In determining the lowest responsible bidder, the officer, board
17 or agency of any political subdivision or of any district therein
18 charged with awarding of contracts, shall consider whether or not the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10848-08-2
S. 5659--C 2
1 bidder, or a person or entity with an interest of at least ten per
2 centum in the bidder, is debarred for having disregarded obligations to
3 employees under the Davis-Bacon Act pursuant to 40 U.S.C. 3144 and 29
4 C.F.R. 5.12, in making such determination of award.
5 § 3. This act shall take effect immediately and shall apply prospec-
6 tively to all public work bids and contracts. It shall not apply
7 retroactively to previously issued or existing public work contracts
8 with the state, any municipal corporation, public benefit company or
9 public body.
