What's happening
This bill allows the New York City School Construction Authority to accept bids with harmless, technical, or ministerial defects if the bidder's intent is clear.
Why it matters
Reduces barriers for contractors. By permitting bids with minor, non-substantive mistakes to be accepted, the bill could increase the number of eligible bidders, making it easier for qualified contractors to participate in school construction projects.
Promotes efficiency in procurement. Allowing harmless, technical, or ministerial defects to be overlooked when intent is clear can help avoid costly delays and the need to re-bid projects, which can save time and administrative resources for the School Construction Authority.
Maintains safeguards against fraud or misconduct. The bill explicitly states that it does not relieve bidders of criminal or civil liability, ensuring that accepting minor errors doesn't open the door to fraud or abuse.
Clarifies legal boundaries. The amendment is careful not to expand the legal powers of Authority officers or override other statutes or rules, providing clarity and limiting unintended consequences.
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Who cares
Headline styles
Eases School Contract Rules
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.380
- Referred to corporations, authorities and commissions
- Returned to senate
- Died in assembly
- Referred to corporations, authorities and commissions
- Delivered to assembly
- Passed senateVote 48–14
- Advanced to third reading
- 2nd report cal.
Show 2 earlier actions
- 1st report cal.1286
- Referred to corporations, authorities and commissions
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Allow Minor Bid Errors
In Assembly Committee · Corporations, Authorities And Commissions · Sponsor Peter Abbate
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
813
2017-2018 Regular Sessions
IN SENATE
January 5, 2017
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to contracts by the New York city school construction authority
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph b of subdivision 2 of section 1734 of the public authorities law, as added by chapter 738 of the laws of 1988, is amended to read as follows:
b. The authority may reject all bids and obtain new bids in the manner provided by this section when it deems it in the public interest to do so or, in cases where two or more responsible bidders submit identical bids which are the lowest bids, award the contract to any of such bidders or obtain new bids from such bidders. Nothing herein shall obligate the authority to seek new bids after the rejection of bids or after cancellation of an invitation to bid. Nothing in this section shall prohibit the evaluation of bids on the basis of costs or savings including life cycle costs of the item to be purchased, discounts, and inspection services so long as the invitation to bid reasonably sets forth the criteria to be used in evaluating such costs or savings. Life cycle costs may include but shall not be limited to costs or savings associated with installation, energy use, maintenance, operation and salvage or disposal. A bid shall not be rejected or be deemed invalid, impaired or in any manner defective solely for harmless, technical, or ministerial defects, where the intent is clearly discernible and unintentional, provided, however, that this section shall not be deemed to relieve any bidder from any criminal or civil liability as may be imposed by reason of his or her act, nor enlarge the actual authority of any officer of the authority, nor, except as stated in this sentence, limit any other statute or rule of law.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05050-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public authorities law, in relation to contracts by the New York city school construction authority
Purpose or general idea of bill
To prohibit a bid to the New York City School Construction Authority from being rejected or declared invalid solely for harmless, technical, or ministerial defects where the intent is clearly discernible and the mistake is clearly unintentional.
Summary of provisions
Section 1 of this bill amends paragraph b of subdivision 2 of section 1734 of the Public Authorities Law to prohibit a bid made to the New York City School Construction Authority ("Authority") from being rejected or deemed invalid, impaired or in any manner defective solely due to harmless, technical, or ministerial defects, where the intent is clearly discernible and the defects are clearly unintentional. Additionally, this amendment provides that this new rule shall not be deemed to (1) relieve any bidder from any criminal or civil liability associated with his or her actions, (2) enlarge the actual authority of any officer of the Authority, or (3) except as stated here, limit any other statute or law.
Section 2 of this bill provides that this act shall take effect immediately.
Existing law
Currently, subdivision 2 of section 1734 of the Public Authorities Law provides for the manner in which all bids shall be accepted or rejected. However, it does not currently address situations where a bid has a mistake that is clearly unintentional or is otherwise defective for a harmless, technical or ministerial reason.
Justification
The New York City School Construction Authority has the power to accept or reject bids for various reasons, but lacks the ability to overlook harmless defects in a bid. For example, where the written description of a number varies slightly from the number itself, under the current law, this bid would have to be thrown out because it is defective even though the defect is minor. This bill remedies this issue under the current law. It does not change or alter any other grounds for accepting or rejecting a bid or bidder.
Prior legislative history
2016: S.692 - Passed the Senate 2015: S.692 - Passed the Senate 2014: S.2096 - Passed the Senate 2013: S.2096 - Passed the Senate 2012: S.1989 - Passed the Senate 2011: S.1989 - Passed the Senate 2010: S.2120 - Referred to Corporations, Authorities, and Commissions 2009: S.2120 - Referred to Corporations, Authorities, and Commissions 2008: S.6948 - Passed the Senate
Fiscal implications
None to the State.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.