Defines lowest responsible bidder and unfair labor practices for purposes of the prevailing wage law for public works projects

BILL NUMBER:S3714

Title of bill

An act to amend the labor law and the general municipal law, in relation to the definition of lowest responsible bidder and unfair labor practices for purposes of public works projects

Purpose

This would disqualify a bidder from being determined the lowest responsible bidder on a public work contract where it has violated certain federal or state labor laws.

Summary of provisions

Section 1 would disqualify a bidder from being awarded a public work contract as the "lowest possible bidder" where it has been found to have committed either of the following within the preceding two years: (a) a violation of the prevailing wage laws under sections 220 and 231 of the NYS Labor Law, or (b) a violation of the health and safety provisions of the Federal Occupational and Safety Health Act or of section 27-a of NYS's labor law. Section 1 would also authorize a person, corporation or a labor union to challenge the proposed selection of the lowest respon- sible bidder by filing an application with the public entity awarding the contract. The commissioner or chief executive officer of the public entity would have to conduct a hearing and issue a written determination on the validity of the application. If the proposed bidder is disquali- fied, the contract would be awarded to the next lowest responsible bidder. Sections 2 and 3 would amend the general municipal law and the state finance law respectively to prohibit the public owner from award- ing a contract to the lowest bidder who has violated any of the laws specified in section 1.

Justification

In assessing the responsibility of a low bidder on a public works contract, the state and municipalities have had to rely on arbitrary definitions of accountability, reliability and good faith. Often, contracts are awarded to bidders who are lowest responsible in financial terms yet are negligent in terms of paying wages and providing for the safety and health of workers. This bill would provide guidance to municipalities and the state to insure that public funds are awarded to low bidders who comply with established standards of responsibility.

Legislative history

2012 - Died in Labor Committee 2011 - Died in Labor Committee 2010 - Died in Labor Committee in both Houses 2009 - Died in Labor Committee in both Houses 2008 - Died in Labor Committee; reported from Assembly Labor; died in Codes 2007 - Died in Labor Commit- tee in both Houses 2006 - Died in Labor Committee; reported from Assem- bly Labor, died in Codes 2005 - Died in Labor Committee; reported from Assembly Labor, died in Codes 2004 - Died in Labor Committee; reported from Assembly Labor, died in Codes 2003 - Died in Labor Committee; reported from Assembly Labor, died in Codes 2002 - Died in Labor Commit- tee; reported from Assembly Labor, died in Codes 2001 - Died in Labor Committee; reported from Assembly Labor, died in Codes, Ways and Means,

died in Rules 2000 - Died in Labor Committee; reported from Assembly Labor, died in Codes 1999 - Died in Labor Committee in both Houses

Effective date

This act shall take effect on the first day of Septem- ber next succeeding the date on which it shall have become a law, with provisions.