Suffolk County, NY Disqualification of Nonresponsible Bidders

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Article II Disqualification of Nonresponsible Bidders

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[Adopted 8-21-2012 by L.L. No. 52-2012[1]]

Editor's Note: This local law also repealed former Art. II, Disqualification of Nonresponsible Bidders, adopted 6-26-1990 by L.L. No. 25-1990 (Ch. 143, Art. II, of the 1985 Code), as amended.

§ 189-4 Definitions.

§ 189-5 Nonresponsible bidder; prohibited acts.

§ 189-6 Effect of disqualification; review of such finding.

§ 189-7 Disclosure requirements.

§ 189-8 Penalties for offenses.

§ 189-9 Exemption.

§ 189-4 Definitions.

For the purpose of this article, the following terms shall have the meanings indicated:

AWARDING AGENCY

The agency authorized by law to award the bid.

BOYCOTT ISRAEL

To engage in any activity, or to promote or encourage others to engage in any activity, that will result in any person abstaining from commercial, social, or political relations, with the State of Israel, or companies based in the State of Israel, with the intent to penalize, inflict, or cause harm to, or otherwise promote or cast disrepute on the State of Israel, its people or its commercial products.

[Added 7-26-2016 by L.L. No. 24-2016]

CONVICTED OF

An adjudication of guilt by any court of competent jurisdiction, whether upon a verdict or plea of guilty or nolo contendere.

ENTITY

Any individual, firm, association, partnership, institution, joint venture, joint-stock association or corporation, including an officer of a corporation, a shareholder owning over 5% of the outstanding shares of a corporation or a relative within the third degree of consanguinity of an officer or a shareholder owning over 5% of the outstanding shares of a corporation, participating in the municipal bidding process in the County of Suffolk.

PERSON

[Added 7-26-2016 by L.L. No. 24-2016]

A corporation, company, limited-liability company, business, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; or

Any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in Subsection A of this definition.

§ 189-5 Nonresponsible bidder; prohibited acts.

Any entity which has engaged in the following acts shall be determined by the awarding agency to be a nonresponsible bidder and disqualified from the bidding process:

An entity which has been convicted of committing or attempting to commit one or more of the following crimes within the 10 years immediately prior to the date of submission of the bid:

Extortion;

Coercion;

Bribery;

Theft;

Fraud;

Any violent crime related to business, labor or commerce;

(7)

Sabotage;

(8)

Collusive bidding/bid-rigging;

(9)

Combination in restraint of trade;

(10)

Any environmental crime, including, but not limited to, the illegal use or disposal of toxic/hazardous waste or chemicals:

[Added 6-17-2014 by L.L. No. 18-2014[1]]

[1]

Editor's Note: This local law also renumbered former Subsection A(10) and (11) as Subsection A(11) and (12), respectively.

(11)

Conspiracy to commit one of the crimes listed above; and/or

(12)

Criminal solicitation associated with one of the crimes listed above.

An entity that has been cited by the Suffolk County Department of Consumer Affairs for operating without a license and/or has had its County license revoked and continues to operate its business in violation of the County licensing laws. The term of disqualification shall continue until the entity is in compliance with all applicable County licensing laws.

Any entity which, in the 10 years immediately prior to the date of submission of bid, has been convicted under, or determined by the New York State Department of Labor or the Suffolk County Department of Labor to be in violation of, Chapter 31 of the Consolidated Laws of the State of New York ("Labor Law"), Chapter 575 of the Suffolk County Code or any provision of state or local law protecting workers' safety. Notwithstanding the foregoing, if the awarding agency finds that an entity has violated any provision of such law, the awarding agency may give due consideration to the size of the entity's business, the good faith of the entity, the gravity of the violation, the history of previous violations and the failure to comply with recordkeeping or other requirements, and such other factors the awarding agency may deem relevant.

An entity that is identified on a list established by the State of New York, pursuant to Executive Order No. 157-2016, as an institution or company that boycotts Israel.

[Added 7-26-2016 by L.L. No. 24-2016]

§ 189-6 Effect of disqualification; review of such finding.

Upon the determination of the awarding agency that a bidder is nonresponsible, that entity shall be barred from submitting a bid on the County contract or project and disqualified from further bidding on County contracts or projects until such time as the entity is determined to be a responsible bidder.

No contract or project shall be awarded to an entity determined to be a nonresponsible bidder. Any contract entered into in violation of this article shall be null and void ab initio, and any entity entering into such agreement shall not be entitled to any compensation pursuant to such agreement.

Any entity disqualified from the bidding process under this article may seek a review of the determination of the awarding agency by means of an Article 78 proceeding.

§ 189-7 Disclosure requirements.

Any entity bidding on a County project or contract must disclose in writing to the awarding agency at the time of submission of the bid all criminal convictions rendered within the ten-year period immediately preceding the bid.

Prior to entering into a contract with the County of Suffolk, the successful bidder shall make a written representation to the County of Suffolk that it is in compliance with all applicable licensing laws and that it has not been convicted of any offense set forth in this article within 10 years immediately preceding such representation. Such representation shall be made a part of such contract together with a representation that the person entering into the contract with the County has read and is familiar with the provisions of this article.

Any entity bidding on a County project or contract must disclose in writing, at the time of the bid, whether the entity is identified on the list developed and published by New York State, pursuant to Executive Order No. 157-2016.

[Added 7-26-2016 by L.L. No. 24-2016]

§ 189-8 Penalties for offenses.

Any intentional or knowing misrepresentation made by an entity in association with the disclosure requirements set forth in § 189-7 shall constitute an unclassified misdemeanor, and the person making such intentional or knowing misrepresentation shall be subject to a fine of up to $1,000 and/or up to one year in jail and shall be barred from bidding on any future County contract. Each such violation shall constitute a separate and distinct offense.

§ 189-9 Exemption.

This article shall not apply to any entity doing business with the County of Suffolk at the request of the United States government for national security, anti-terrorist or homeland defense reasons. In order to qualify for such an exemption, an entity shall submit to the County written documentation of such request or command issued by an appropriate official of the United States government.