NY S03995

Persons or entities debarred under the federal Davis-Bacon Act (40 U.S.C. 3144) become ineligible to bid on or receive public works contracts with New York State, municipal corporations, public benefit corporations, or public bodies while listed on the federal debarred contractors list.

Substantially owned-affiliated entities of debarred contractors are also rendered ineligible and must receive written notice from the Department with an opportunity to appeal the ineligibility determination.

Contracting officers awarding public works contracts must consider whether bidders or their substantially owned-affiliated entities have violated the Davis-Bacon Act, Copeland Act, or Contract Work Hours and Safety Standards Act when determining the lowest responsible bidder.

The act takes effect 120 days after becoming law and applies to all public works bids and contracts solicited on or after that date, but does not apply retroactively to existing contracts.