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S07323 Summary:

S07323 Actions:

S07323 Committee Votes:

S07323 Floor Votes:

S07323 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7323
 
                    IN SENATE
 
                                     January 5, 2018
                                       ___________
 
        Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the labor 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.  Subparagraph 3 of paragraph b of subdivision 3 of  section
     2  220-b  of  the  labor  law,  as  added by a chapter of the laws of 2017,
     3  amending the labor law and the general municipal law relating  to  reci-
     4  procity  of  debarments  imposed  under the federal Davis-Bacon Act; and
     5  relating to a work group to study and make recommendations to the legis-
     6  lature regarding the appropriate payment of supplements to  construction
     7  workers,  as  proposed in legislative bills numbers S. 6790 and A. 8514,
     8  is amended to read as follows:
     9    (3)(i) When any contractor [or], subcontractor, or person is [debarred
    10  for having disregarded obligations to employees  under  the  Davis-Bacon
    11  Act  pursuant  to  40  U.S.C.    3144 and 29 C.F.R. 5.12,] listed by the
    12  federal government as excluded  from  receiving  federal  contracts  and
    13  certain  subcontracts,  assistance  or  benefits,  pursuant to 48 C.F.R.
    14  Subpart 9-4, such contractor [or], subcontractor, [and any "substantial-
    15  ly owned-affiliated entity" as defined by  paragraph  g  of  subdivision
    16  five  of section two hundred twenty of this article,] or person shall be
    17  ineligible to submit a bid on or be  awarded  any  public  [works]  work
    18  contract  with  the  state,  any  municipal  corporation, public benefit
    19  corporation or public body [while the name of the person  or  entity  is
    20  published  in  the  list  of  debarred contractors pursuant to 40 U.S.C.
    21  3144. Where a contractor or subcontractor is determined to be ineligible
    22  pursuant to this subparagraph because it is considered a  "substantially
    23  owned-affiliated  entity,"  such  contractor  or  subcontractor shall be
    24  provided with written notice from the department within seven  days  and
    25  shall  be  afforded the opportunity to appeal the ineligibility determi-
    26  nation to the department within thirty  calendar  days  of  the  written
    27  notice.  In  order  for  a  substantially-owned  affiliated entity to be
    28  debarred pursuant to this subparagraph, such substantially-owned  affil-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13260-02-8
        S. 7323                             2

     1  iated entity must have substantial involvement in the day to day manage-
     2  ment  of  the  contractor or subcontractor] during such period of exclu-
     3  sion, unless the department having jurisdiction determines, after public
     4  notice  and  comment, that there is a compelling reason, consistent with
     5  48 C.F.R. § 9.405, to allow such contractor, subcontractor, or person to
     6  submit a bid or to be awarded a particular public work contract.  Public
     7  notice shall include notice provided to the department, which shall post
     8  such notice on its website.
     9    (ii) When the fiscal officer determines that a contractor, subcontrac-
    10  tor or person is a "substantially owned-affiliated entity,"  as  defined
    11  by paragraph g of subdivision five of section two hundred twenty of this
    12  article,  in relation to a contractor, subcontractor, or person ineligi-
    13  ble to submit a bid or be awarded a public work  contract  under  clause
    14  (i)  of  this  subparagraph,  such substantially owned-affiliated entity
    15  shall be ineligible to submit a  bid  or  be  awarded  any  public  work
    16  contract  with  the  state,  any  municipal  corporation, public benefit
    17  corporation for the duration of the remaining period of exclusion of the
    18  contractor, subcontractor, or person under clause (i) of  this  subpara-
    19  graph.  In  order  for  a  substantially  owned-affiliated  entity to be
    20  debarred pursuant to this clause,  such  substantially  owned-affiliated
    21  entity  must  have had substantial involvement in the day to day manage-
    22  ment of the contractor, subcontractor or person  debarred  under  clause
    23  (i)  of  this subparagraph.   Such substantially owned-affiliated entity
    24  shall be provided with written notice from the  fiscal  officer  of  the
    25  proposed  determination and shall be afforded an opportunity to be heard
    26  regarding the ineligible determination  by  the  fiscal  officer  within
    27  thirty calendar days of the written notice.  In addition, the department
    28  having jurisdiction may determine, after public notice and comment, that
    29  there  is  a  compelling  reason,  consistent with 48 C.F.R. § 9.405, to
    30  allow such substantially owned-affiliated entity to submit a bid  or  to
    31  be  awarded  a  particular  public  work  contract.  Public notice shall
    32  include notice provided to the department, which shall post such  notice
    33  on its website.
    34    (iii)  Any [eligibility determination] determinations made pursuant to
    35  this subparagraph shall be subject to review pursuant to article  seven-
    36  ty-eight of the civil practice law and rules.
    37    §  2.  This  act  shall  take  effect on the same date and in the same
    38  manner as a chapter of the laws of 2017 amending the labor law  and  the
    39  general  municipal  law  relating  to  reciprocity of debarments imposed
    40  under the federal Davis-Bacon Act; and relating to a work group to study
    41  and make recommendations to the legislature  regarding  the  appropriate
    42  payment  of supplements to construction workers, as proposed in legisla-
    43  tive bills numbers S. 6790 and A.  8514, takes effect.