2012 New York Consolidated Laws
PBG - Public Housing
Article 8 - (150 - 159) PROVISIONS RELATING TO APPROVAL, CONSTRUCTION, MANAGEMENT AND OPERATION OF PROJECTS
151-A - Separate specifications for certain subdivisions of work involved in the construction or alteration of buildings as a part of or in connection with ho

 
    §  151-a.  Separate  specifications  for  certain subdivisions of work
  involved in the construction or alteration of buildings as a part of  or
  in connection with housing projects. 1. Notwithstanding any inconsistent
  provision  of  this  chapter or any other general, special or local law,
  except as otherwise provided in section two hundred  twenty-two  of  the
  labor  law,  any  authority  or  municipality,  or  any  officer, board,
  department, commission or other agency thereof charged with the duty  of
  preparing   specifications   or  awarding  or  entering  into  contracts
  involving the erection, construction, reconstruction  or  alteration  of
  any  building or other appurtenance as a part of or in connection with a
  project or any part thereof in any part of the state under  or  pursuant
  to  the  authority  of  this  chapter, 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   the   following   three
  subdivisions of the work to be performed:
    a. Plumbing and gas fitting;
    b.  Steam heating, hot water heating, ventilating and air conditioning
  apparatus; and
    c. Electric wiring and standard illuminating fixtures.
    2. 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 any such authority  or  municipality,
  or  any  officer, board, department, commission or other agency thereof,
  involving the erection, construction, reconstruction  or  alteration  of
  any  building  as  a  part of or in connection with any project under or
  pursuant to this chapter, shall award  the  three  subdivisions  of  the
  above  specified  work  separately  to responsible and reliable persons,
  firms or corporations engaged in such classes of work.
    2-a. 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.
    3.  Nothing  in  this  section  shall be construed to prevent any such
  authority or municipality in charge of any such project from  performing
  any such branches of work by or through their regular employees.