Pursuant to General Municipal Law §103, this contract will be awarded to the lowest responsive and responsible bidder. A lowest responsible bidder has been defined as a bidder that is pecuniarily responsible, morally worthy, skilled, and possesses judgment, integrity, and sufficient financial resources; is “accountable or reliable”; and, has the ability to perform the contract. The determination of who is responsible as part of the term lowest responsive and responsible bidder shall be made in accord with General Municipal Law §103, the rules and regulations promulgated pursuant thereto and the body of decisional law interpreting same; and, without limitation to the foregoing, a bidder may not be deemed responsible by the municipal agency, if records indicate that there is a: • Lack of adequate expertise or experience with comparable projects or financial resources to perform the contract; • Criminal conduct involving government contracts, business activities or environmental laws; • Grave disregard for the safety of employees, governmental personnel or the public; • Lack of proper training of personnel; • Willful noncompliance with prevailing wage and supplement payment laws; • Significant labor-law violations, including violations of laws regarding child labor, wage payment and unemployment-insurance tax; • Significant violations of N.Y. Workers Compensation Laws; • Failure to make good-faith efforts to comply with laws and regulations regarding minority-owned, women-owned, and disadvantaged business subcontractors, where applicable; • Failure to make good-faith efforts to provide employee apprentice opportunities through registered apprenticeship-training programs, where applicable; • Mathematically or materially unbalanced bid; • An unreasonably low bid; i.e. a bid which is so much lower than the agency’s estimate of cost that it appears unlikely that the bidder will be able to perform the contract for its bid price; • False or misleading statement(s) in connection with a bid or request for approval of a subcontractor; • Record or history of non-performance on prior town contracts; or • Any other consideration that the municipal agency deems appropriate, given the facts and circumstances of the contract, including without limitation, the bidder’s ability to perform the contract within the required time frame. [33 N.Y. Prac., New York Construction Law Manual §2:4 (2d ed.) (May 2016 update); Opinion of NYS Comptroller 90-48
