State Codes and Statutes

Statutes > New-york > Stf > Article-9 > 135

§ 135. Separate specifications for contract work for the state. Except  as  otherwise  provided  in  section two hundred twenty-two of the labor  law,  every  officer,  board,  department,  commission  or  commissions,  charged  with  the  duty  of  preparing  specifications  or  awarding or  entering into contracts for the erection, construction or alteration  of  buildings, for the state, when the entire cost of such work shall exceed  three  million  dollars  in  the counties of the Bronx, Kings, New York,  Queens, and Richmond; one million five hundred thousand dollars  in  the  counties  of  Nassau, Suffolk and Westchester; and five hundred thousand  dollars in all other counties  within  the  state,  must  have  prepared  separate  specifications for each of the following three subdivisions of  the work to be performed:    1. Plumbing and gas fitting.    2. Steam heating, hot water heating, ventilating and air  conditioning  apparatus.    3. Electric wiring and standard illuminating fixtures.    Such  specifications  must  be  so  drawn  as  to  permit separate and  independent bidding upon each of the above three subdivisions  of  work.  All  contracts  hereafter  awarded  by the state or a department, board,  commissioner or officer  thereof,  for  the  erection,  construction  or  alteration  of  buildings,  or  any  part thereof, shall award the three  subdivisions of the above specified work separately to  responsible  and  reliable  persons,  firms  or  corporations  engaged in these classes of  work. A contract for one or more  buildings  in  any  project  shall  be  awarded  to the lowest responsible bidder for all the buildings included  in the specifications.    Each bidder on a  public  work  contract,  where  the  preparation  of  separate  specifications  is  not  required, shall submit with its bid a  separate sealed list that names each subcontractor that the bidder  will  use  to  perform  work on the contract, and the agreed-upon amount to be  paid to each, for: (a) plumbing and gas fitting, (b) steam heating,  hot  water  heating,  ventilating  and  air  conditioning  apparatus  and (c)  electric wiring and standard illuminating fixtures. After the low bid is  announced, the sealed list of subcontractors submitted with such low bid  shall be opened and the names of such subcontractors shall be announced,  and thereafter any change of subcontractor or agreed-upon amount  to  be  paid  to  each  shall  require  the approval of the public owner, upon a  showing presented to the public owner of  legitimate  construction  need  for  such  change,  which shall be open to public inspection. Legitimate  construction need shall include, but not be  limited  to,  a  change  in  project  specifications,  a  change  in  construction  material costs, a  change to subcontractor status as determined pursuant to  paragraph  (e)  of  subdivision  two of section two hundred twenty-two of the labor law,  or  the  subcontractor  has  become  otherwise  unwilling,   unable   or  unavailable   to   perform   the   subcontract.   The  sealed  lists  of  subcontractors submitted by all other bidders shall be returned to  them  unopened after the contract award.    Nothing  in this section shall be construed to prevent the authorities  in charge of any state building, from performing any  such  branches  of  work  by  or  through  their regular employees, or in the case of public  institutions, by the inmates thereof.

State Codes and Statutes

Statutes > New-york > Stf > Article-9 > 135

§ 135. Separate specifications for contract work for the state. Except  as  otherwise  provided  in  section two hundred twenty-two of the labor  law,  every  officer,  board,  department,  commission  or  commissions,  charged  with  the  duty  of  preparing  specifications  or  awarding or  entering into contracts for the erection, construction or alteration  of  buildings, for the state, when the entire cost of such work shall exceed  three  million  dollars  in  the counties of the Bronx, Kings, New York,  Queens, and Richmond; one million five hundred thousand dollars  in  the  counties  of  Nassau, Suffolk and Westchester; and five hundred thousand  dollars in all other counties  within  the  state,  must  have  prepared  separate  specifications for each of the following three subdivisions of  the work to be performed:    1. Plumbing and gas fitting.    2. Steam heating, hot water heating, ventilating and air  conditioning  apparatus.    3. Electric wiring and standard illuminating fixtures.    Such  specifications  must  be  so  drawn  as  to  permit separate and  independent bidding upon each of the above three subdivisions  of  work.  All  contracts  hereafter  awarded  by the state or a department, board,  commissioner or officer  thereof,  for  the  erection,  construction  or  alteration  of  buildings,  or  any  part thereof, shall award the three  subdivisions of the above specified work separately to  responsible  and  reliable  persons,  firms  or  corporations  engaged in these classes of  work. A contract for one or more  buildings  in  any  project  shall  be  awarded  to the lowest responsible bidder for all the buildings included  in the specifications.    Each bidder on a  public  work  contract,  where  the  preparation  of  separate  specifications  is  not  required, shall submit with its bid a  separate sealed list that names each subcontractor that the bidder  will  use  to  perform  work on the contract, and the agreed-upon amount to be  paid to each, for: (a) plumbing and gas fitting, (b) steam heating,  hot  water  heating,  ventilating  and  air  conditioning  apparatus  and (c)  electric wiring and standard illuminating fixtures. After the low bid is  announced, the sealed list of subcontractors submitted with such low bid  shall be opened and the names of such subcontractors shall be announced,  and thereafter any change of subcontractor or agreed-upon amount  to  be  paid  to  each  shall  require  the approval of the public owner, upon a  showing presented to the public owner of  legitimate  construction  need  for  such  change,  which shall be open to public inspection. Legitimate  construction need shall include, but not be  limited  to,  a  change  in  project  specifications,  a  change  in  construction  material costs, a  change to subcontractor status as determined pursuant to  paragraph  (e)  of  subdivision  two of section two hundred twenty-two of the labor law,  or  the  subcontractor  has  become  otherwise  unwilling,   unable   or  unavailable   to   perform   the   subcontract.   The  sealed  lists  of  subcontractors submitted by all other bidders shall be returned to  them  unopened after the contract award.    Nothing  in this section shall be construed to prevent the authorities  in charge of any state building, from performing any  such  branches  of  work  by  or  through  their regular employees, or in the case of public  institutions, by the inmates thereof.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Stf > Article-9 > 135

§ 135. Separate specifications for contract work for the state. Except  as  otherwise  provided  in  section two hundred twenty-two of the labor  law,  every  officer,  board,  department,  commission  or  commissions,  charged  with  the  duty  of  preparing  specifications  or  awarding or  entering into contracts for the erection, construction or alteration  of  buildings, for the state, when the entire cost of such work shall exceed  three  million  dollars  in  the counties of the Bronx, Kings, New York,  Queens, and Richmond; one million five hundred thousand dollars  in  the  counties  of  Nassau, Suffolk and Westchester; and five hundred thousand  dollars in all other counties  within  the  state,  must  have  prepared  separate  specifications for each of the following three subdivisions of  the work to be performed:    1. Plumbing and gas fitting.    2. Steam heating, hot water heating, ventilating and air  conditioning  apparatus.    3. Electric wiring and standard illuminating fixtures.    Such  specifications  must  be  so  drawn  as  to  permit separate and  independent bidding upon each of the above three subdivisions  of  work.  All  contracts  hereafter  awarded  by the state or a department, board,  commissioner or officer  thereof,  for  the  erection,  construction  or  alteration  of  buildings,  or  any  part thereof, shall award the three  subdivisions of the above specified work separately to  responsible  and  reliable  persons,  firms  or  corporations  engaged in these classes of  work. A contract for one or more  buildings  in  any  project  shall  be  awarded  to the lowest responsible bidder for all the buildings included  in the specifications.    Each bidder on a  public  work  contract,  where  the  preparation  of  separate  specifications  is  not  required, shall submit with its bid a  separate sealed list that names each subcontractor that the bidder  will  use  to  perform  work on the contract, and the agreed-upon amount to be  paid to each, for: (a) plumbing and gas fitting, (b) steam heating,  hot  water  heating,  ventilating  and  air  conditioning  apparatus  and (c)  electric wiring and standard illuminating fixtures. After the low bid is  announced, the sealed list of subcontractors submitted with such low bid  shall be opened and the names of such subcontractors shall be announced,  and thereafter any change of subcontractor or agreed-upon amount  to  be  paid  to  each  shall  require  the approval of the public owner, upon a  showing presented to the public owner of  legitimate  construction  need  for  such  change,  which shall be open to public inspection. Legitimate  construction need shall include, but not be  limited  to,  a  change  in  project  specifications,  a  change  in  construction  material costs, a  change to subcontractor status as determined pursuant to  paragraph  (e)  of  subdivision  two of section two hundred twenty-two of the labor law,  or  the  subcontractor  has  become  otherwise  unwilling,   unable   or  unavailable   to   perform   the   subcontract.   The  sealed  lists  of  subcontractors submitted by all other bidders shall be returned to  them  unopened after the contract award.    Nothing  in this section shall be construed to prevent the authorities  in charge of any state building, from performing any  such  branches  of  work  by  or  through  their regular employees, or in the case of public  institutions, by the inmates thereof.