A. 5786--A 2
contracted directly for its performance, or where there is no lease,
permit or other agreement and ownership of a public work is intended to
be assumed by such public entity at any time subsequent to completion of
the public work.
S 2. Paragraph (c) of subdivision 3 of section 220 of the labor law,
as amended by section 2 of chapter 7 of the laws of 2008, is amended to
read as follows:
(c) It shall be the duty of the fiscal officer, as defined in this
section, to ascertain and determine the schedules of supplements to be
provided and wages to be paid workmen, laborers and mechanics on such
public work, prior to the time of the advertisement for bids, and such
schedules shall be annexed to and form a part of the specifications for
the work. Such fiscal officer shall file with the department having
jurisdiction such schedules to the time of the commencement of the
advertisement for bids on all public works proposed to be constructed.
IF THE FISCAL OFFICER CANNOT ASCERTAIN OR DETERMINE SUCH SCHEDULES OR
WAGES, OR DISTINGUISH BETWEEN THE CLASSIFICATIONS OF WORKERS ON SUCH
PUBLIC WORK, IT SHALL BE THE DUTY OF THE FISCAL OFFICER TO REJECT ANY
CONTRACT ASSOCIATED WITH THE ADVERTISEMENT FOR BIDS. The term "contract"
as used in this subdivision also shall include reconstruction and repair
of any such public work.
S 2-a. Section 222 of the labor law is amended by adding a new subdi-
vision 3 to read as follows:
3. FOR PURPOSES OF THIS SECTION ONLY, JOB ORDER CONTRACTING WILL BE
PERMISSIBLE WHERE THE CONTRACTOR HAS ENTERED INTO A PROJECT LABOR AGREE-
MENT. "JOB ORDER CONTRACTING" IS A COMPETITIVE BID, INDEFINITE QUANTITY,
FIXED PRICE, MULTI-TASK CONTRACT, WHERE A BASE CONTRACT IS AWARDED WITH
PRE-ESTABLISHED TASKS AND PRICES, SPECIFICATIONS AND GENERAL CONTRACT
CONDITIONS. CONTRACTORS ARE PERMITTED TO BID BY SUBMITTING A COEFFICIENT
OR COEFFICIENTS, FOR A JOB ORDER CONTRACT, BASED ON A UNIT PRICE BOOK,
WHICH CONTAINS A LIST OF ALL TASKS THAT MAY BE PERFORMED USING THE BASE
CONTRACT.
S 3. Subdivision 1 of section 103 of the general municipal law, as
amended by section 1 of part FF of chapter 56 of the laws of 2010, is
amended to read as follows:
1. Except as otherwise expressly provided by an act of the legislature
or by a local law adopted prior to September first, nineteen hundred
fifty-three, all contracts for public work involving an expenditure of
more than thirty-five thousand dollars and all purchase contracts
involving an expenditure of more than twenty thousand dollars, shall be
awarded by the appropriate officer, board or agency of a political
subdivision or of any district therein including but not limited to a
soil conservation district, to the lowest responsible bidder furnishing
the required security after advertisement for sealed bids in the manner
provided by this section. In any case where a responsible bidder's gross
price is reducible by an allowance for the value of used machinery,
equipment, apparatus or tools to be traded in by a political subdivi-
sion, the gross price shall be reduced by the amount of such allowance,
for the purpose of determining the low bid. In cases where two or more
responsible bidders furnishing the required security submit identical
bids as to price, such officer, board or agency may award the contract
to any of such bidders. Such officer, board or agency may, in his or her
or its discretion, reject all bids and readvertise for new bids in the
manner provided by this section. ALL SUBMITTED BIDS FOR SUCH PUBLIC WORK
CONTRACTS MUST BE FOR A FIXED DOLLAR AMOUNT. In determining whether a
purchase is an expenditure within the discretionary threshold amounts
A. 5786--A 3
established by this subdivision, the officer, board or agency of a poli-
tical subdivision or of any district therein shall consider the reason-
ably expected aggregate amount of all purchases of the same commodities,
services or technology to be made within the twelve-month period
commencing on the date of purchase. Purchases of commodities, services
or technology shall not be artificially divided for the purpose of
satisfying the discretionary buying thresholds established by this
subdivision. A change to or a renewal of a discretionary purchase shall
not be permitted if the change or renewal would bring the reasonably
expected aggregate amount of all purchases of the same commodities,
services or technology from the same provider within the twelve-month
period commencing on the date of the first purchase to an amount greater
than the discretionary buying threshold amount. For purposes of this
section, "sealed bids", as that term applies to purchase contracts,
shall include bids submitted in an electronic format including
submission of the statement of non-collusion required by section one
hundred three-d of this article, provided that the governing board of
the political subdivision or district, by resolution, has authorized the
receipt of bids in such format. Submission in electronic format may,
for technology contracts only, be required as the sole method for the
submission of bids. Bids submitted in an electronic format shall be
transmitted by bidders to the receiving device designated by the poli-
tical subdivision or district. Any method used to receive electronic
bids shall comply with article three of the state technology law, and
any rules and regulations promulgated and guidelines developed there-
under and, at a minimum, must (a) document the time and date of receipt
of each bid received electronically; (b) authenticate the identity of
the sender; (c) ensure the security of the information transmitted; and
(d) ensure the confidentiality of the bid until the time and date estab-
lished for the opening of bids. The timely submission of an electronic
bid in compliance with instructions provided for such submission in the
advertisement for bids and/or the specifications shall be the responsi-
bility solely of each bidder or prospective bidder. No political subdi-
vision or district therein shall incur any liability from delays of or
interruptions in the receiving device designated for the submission and
receipt of electronic bids.
S 4. Subdivision 1 of section 103 of the general municipal law, as
amended by section 2 of part FF of chapter 56 of the laws of 2010, is
amended to read as follows:
1. Except as otherwise expressly provided by an act of the legislature
or by a local law adopted prior to September first, nineteen hundred
fifty-three, all contracts for public work involving an expenditure of
more than thirty-five thousand dollars and all purchase contracts
involving an expenditure of more than twenty thousand dollars, shall be
awarded by the appropriate officer, board or agency of a political
subdivision or of any district therein including but not limited to a
soil conservation district, to the lowest responsible bidder furnishing
the required security after advertisement for sealed bids in the manner
provided by this section. ALL SUBMITTED BIDS FOR SUCH PUBLIC WORK
CONTRACTS MUST BE FOR A FIXED DOLLAR AMOUNT. In determining whether a
purchase is an expenditure within the discretionary threshold amounts
established by this subdivision, the officer, board or agency of a poli-
tical subdivision or of any district therein shall consider the reason-
ably expected aggregate amount of all purchases of the same commodities,
services or technology to be made within the twelve-month period
commencing on the date of purchase. Purchases of commodities, services
A. 5786--A 4
or technology shall not be artificially divided for the purpose of
satisfying the discretionary buying thresholds established by this
subdivision. A change to or a renewal of a discretionary purchase shall
not be permitted if the change or renewal would bring the reasonably
expected aggregate amount of all purchases of the same commodities,
services or technology from the same provider within the twelve-month
period commencing on the date of the first purchase to an amount greater
than the discretionary buying threshold amount. In any case where a
responsible bidder's gross price is reducible by an allowance for the
value of used machinery, equipment, apparatus or tools to be traded in
by a political subdivision, the gross price shall be reduced by the
amount of such allowance, for the purpose of determining the low bid. In
cases where two or more responsible bidders furnishing the required
security submit identical bids as to price, such officer, board or agen-
cy may award the contract to any of such bidders. Such officer, board or
agency may, in his, her or its discretion, reject all bids and readver-
tise for new bids in the manner provided by this section.
S 5. Subdivision 2 of section 103 of the general municipal law, as
amended by section 5 of part X of chapter 62 of the laws of 2003, is
amended to read as follows:
2. Advertisement for bids shall be published in the official newspaper
or newspapers, if any, or otherwise in a newspaper or newspapers desig-
nated for such purpose. Such advertisement shall contain a statement of
the time when and place where all bids received pursuant to such notice
will be publicly opened and read, and the designation of the receiving
device if the political subdivision or district has authorized the
receipt of bids in an electronic format. SUCH ADVERTISEMENT SHALL
DESCRIBE SPECIFICALLY THE NATURE OF THE WORK, INCLUDING THE TYPE OF WORK
TO BE PERFORMED, AND ENABLE THE BIDDER TO COMPLY WITH PARAGRAPH (C) OF
SUBDIVISION THREE OF SECTION TWO HUNDRED TWENTY OF THE LABOR LAW. Such
board or agency may by resolution designate any officer or employee to
open the bids at the time and place specified in the notice. Such desig-
nee shall make a record of such bids in such form and detail as the
board or agency shall prescribe and present the same at the next regular
or special meeting of such board or agency. All bids received shall be
publicly opened and read at the time and place so specified. At least
five days shall elapse between the first publication of such advertise-
ment and the date so specified for the opening and reading of bids.
S 6. Subdivision 2 of section 103 of the general municipal law, as
amended by chapter 296 of the laws of 1958, is amended to read as
follows:
2. Advertisement for bids shall be published in the official newspaper
or newspapers, if any, or otherwise in a newspaper or newspapers desig-
nated for such purpose. Such advertisement shall contain a statement of
the time when and place where all bids received pursuant to such notice
will be publicly opened and read. SUCH ADVERTISEMENT SHALL DESCRIBE
SPECIFICALLY THE NATURE OF THE WORK, INCLUDING THE TYPE OF WORK TO BE
PERFORMED, AND ENABLE THE BIDDER TO COMPLY WITH PARAGRAPH (C) OF SUBDI-
VISION THREE OF SECTION TWO HUNDRED TWENTY OF THE LABOR LAW. Such board
or agency may by resolution designate any officer or employee to open
the bids at the time and place specified in the notice. Such designee
shall make a record of such bids in such form and detail as the board or
agency shall prescribe and present the same at the next regular or
special meeting of such board or agency. All bids received shall be
publicly opened and read at the time and place so specified. At least
A. 5786--A 5
five days shall elapse between the first publication of such advertise-
ment and the date so specified for the opening and reading of bids.
S 7. The first undesignated paragraph of section 135 of the state
finance law, as amended by section 3 of part MM of chapter 57 of the
laws of 2008, is amended to read as follows:
Such specifications must be so drawn as to permit separate and inde-
pendent bidding upon each of the above three subdivisions of work. All
contracts hereafter awarded by the state or a department, board, commis-
sioner 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.
ALL SUCH SPECIFICATIONS ISSUED PURSUANT TO THIS ARTICLE SHALL DESCRIBE
SPECIFICALLY THE NATURE OF THE WORK, INCLUDING THE TYPE OF WORK TO BE
PERFORMED, AND ENABLE THE BIDDER TO COMPLY WITH PARAGRAPH (C) OF SUBDI-
VISION THREE OF SECTION TWO HUNDRED TWENTY OF THE LABOR LAW. EACH BIDDER
FOR ANY PROJECT UNDER THIS ARTICLE SHALL SUBMIT BIDS FOR A FIXED DOLLAR
AMOUNT.
S 8. Subdivision 2 of section 161 of the state finance law is amended
by adding a new paragraph o to read as follows:
O. CONSULT WITH AND ADVISE THE COMMISSIONER ON THE USE OF JOB ORDER
CONTRACTING WITH RESPECT TO PUBLIC WORK PROJECTS WHICH MUST COMPLY WITH
ARTICLE EIGHT OF THE LABOR LAW.
S 9. Paragraph a of subdivision 6 of section 2590-p of the education
law, as added by chapter 738 of the laws of 1988, is amended to read as
follows:
a. For each project included in an approved five-year educational
facilities capital plan, the chancellor shall develop a detailed scope
of the project, which shall include the following: (i) the purposes and
public to be served, (ii) the programs to be conducted in the facility,
(iii) the gross amounts of space and bulk for any building or structure,
(iv) identification of the intent to use architectural, engineering or
other consultant services and estimated fees for such consultant
services, (v) the schedule of design and construction, (vi) the total
estimated project costs, including costs for site acquisition, prepara-
tion and tenant relocation, design, construction and equipment, (vii)
maximum estimated expenditures for the project for each fiscal year
until its completion, (viii) costs associated with maintenance and oper-
ation of the physical plant and (ix) such other information as the chan-
cellor shall specify. In the event, a project consists of a program
element without identification of the particular education facility at
which such project is to be performed, the detailed scope of the project
shall specify the nature of the work to be performed, applicable price
and quality standards, a list of the schools eligible for such work,
annual performance targets and the total estimated costs of such project
during each fiscal year until its completion. ALL SUCH ESTIMATED COSTS
AND PRICES SHALL BE FOR A FIXED DOLLAR AMOUNT.
S 10. Paragraph d of subdivision 6 of section 2590-p of the education
law, as amended by chapter 91 of the laws of 2002, is amended to read as
follows:
d. For projects to be funded pursuant to subdivision four of this
section, the chancellor shall transmit the detailed scope of each such
project to the director of management and budget of the city for
approval.
A. 5786--A 6
(i) Except as provided in paragraph b of this subdivision, no expenses
shall be incurred by the city board or the authority for any such
project prior to approval of the detailed scope of any such project.
SUCH DETAILED SCOPE OF THE PROJECT SHALL DESCRIBE SPECIFICALLY THE
NATURE OF THE WORK, INCLUDING THE TYPE OF WORK TO BE PERFORMED.
(ii) No detailed scope of project shall be approved unless the total
estimated costs of such project, together with the aggregate estimated
costs of all projects for which a detailed scope has theretofore been
approved, are within city capital budget appropriations available there-
for. A detailed scope of project that is not disapproved by the director
of management and budget within thirty days of its submission shall be
deemed approved. To the extent the director disapproves all or part of a
scope, he or she shall set forth in writing the reasons therefor.
(iii) Upon approval of the detailed scope of project, the chancellor
shall refer such project to the New York city school construction
authority for implementation in accordance with an agreement between the
authority and the city board and shall transmit the approved project
scope to the comptroller, whereupon the total estimated costs of such
project as set forth in such approved project scope shall be available
for expenditure. ALL SUCH ESTIMATED COSTS SHALL BE FOR A FIXED DOLLAR
AMOUNT.
(iv) Approval of the director of management and budget shall be
required for any material change in the approved detailed scope of
project or for any increase in the total cost of such project in excess
of any reserve provided in the approved detailed scope of project. Such
approval shall be given or deemed given in the manner provided herein.
(v) The provisions of this paragraph shall not apply to emergency
projects undertaken pursuant to paragraph h of subdivision two of this
section, the estimated costs of which, together with the costs of other
projects undertaken pursuant to said paragraph h, does not exceed the
amount set forth in the educational facilities capital plan for activ-
ities pursuant to paragraph h of subdivision two of this section.
S 11. Paragraph d of subdivision 6 of section 2590-p of the education
law, as added by chapter 738 of the laws of 1988, is amended to read as
follows:
d. For projects to be funded pursuant to subdivision four of this
section, the chancellor shall transmit the detailed scope of each such
project to the director of management and budget of the city for
approval.
(i) Except as provided in paragraph b of this subdivision, no expenses
shall be incurred by the city board or the authority for any such
project prior to approval of the detailed scope of any such project.
SUCH DETAILED SCOPE OF THE PROJECT SHALL DESCRIBE SPECIFICALLY THE
NATURE OF THE WORK, INCLUDING THE TYPE OF WORK TO BE PERFORMED.
(ii) No detailed scope of project shall be approved unless the total
estimated costs of such project, together with the aggregate estimated
costs of all projects for which a detailed scope has theretofore been
approved, are within city capital budget appropriations available there-
for. A detailed scope of project that is not disapproved by the director
of management and budget within thirty days of its submission shall be
deemed approved. To the extent the director disapproves all or part of a
scope, he shall set forth in writing the reasons therefor.
(iii) Upon approval of the detailed scope of project, the chancellor
shall refer such project to the New York city school construction
authority for implementation in accordance with an agreement between the
authority and the city board and shall transmit the approved project
A. 5786--A 7
scope to the comptroller whereupon the total estimated costs of such
project as set forth in such approved project scope shall be available
for expenditure. ALL SUCH ESTIMATED COSTS SHALL BE FOR A FIXED DOLLAR
AMOUNT.
(iv) Approval of the director of management and budget shall be
required for any material change in the approved detailed scope of
project or for any increase in the total cost of such project in excess
of any reserve provided in the approved detailed scope of project. Such
approval shall be given or deemed given in the manner provided herein.
(v) The provisions of this paragraph shall not apply to emergency
projects undertaken pursuant to paragraph h of subdivision two of this
section, the estimated costs of which, together with the costs of other
projects undertaken pursuant to said paragraph h, does not exceed the
amount set forth in the educational facilities capital plan for activ-
ities pursuant to paragraph h of subdivision two of this section.
S 12. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that:
(a) the amendments to paragraph (c) of subdivision 3 of section 220 of
the labor law made by section one of this act shall be subject to the
expiration and reversion of such paragraph pursuant to section 5 of
chapter 678 of the laws of 2007, as amended, when upon such date the
provisions of section two of this act shall take effect;
(b) the amendments to subdivisions 1 and 2 of section 103 of the
general municipal law made by sections three and five of this act shall
be subject to the expiration and reversion of such subdivisions pursuant
to subdivision (a) of section 41 of part X of chapter 62 of the laws of
2003, as amended, when upon such date the provisions of sections four
and six of this act, respectively, shall take effect; and
(c) the amendments to paragraph d of subdivision 6 of section 2590-p
of the education law made by section ten of this act shall be subject to
the expiration and reversion of such paragraph pursuant to section 34 of
chapter 91 of the laws of 2002, as amended, when upon such date the
provisions of section eleven of this act shall take effect.