senate Bill S6618A

2013-2014 Legislative Session

Requires job order contracts to be in use for labor performed under certain public work contracts

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 16, 2014 print number 6618a
amend and recommit to finance
Mar 03, 2014 reported and committed to finance
Feb 14, 2014 referred to labor

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S6618 - Bill Details

See Assembly Version of this Bill:
A8757A
Current Committee:
Law Section:
Labor Law
Laws Affected:
Amd §220, Lab L; add §148, St Fin L; add §103-h, Gen Muni L

S6618 - Bill Texts

view summary

Requires job order contracts to be in use for labor performed under certain public work contracts.

view sponsor memo
BILL NUMBER:S6618

TITLE OF BILL: An act to amend the labor law, the state finance law
and the general municipal law, in relation to labor performed under
certain public work contracts

PURPOSE OR GENERAL IDEA OF BILL: To regulate the practice of job order
contracting in relation to public work projects.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends subdivision 5 of section 220 of the Labor Law by
adding a new paragraph m which defines the term "job order contract"
and requires that such contracts be available for review by the
Department of Labor and also to the public through a Freedom of
Information Law (FOIL) request

Section 2: Amends the State Finance Law by adding a new section 148
which specifies requirements and limitations on job order contracts
Certain requirements will be removed if the public owner requires
inclusion of a project labor agreement to ensure that proper wages and
classifications are utilized under the contract.

Section 3: Amends the General Municipal Law by adding a new section
103-h which specifies requirements and limitations on job order
contracts Certain requirements will be removed if the public owner
requires inclusion of a project labor agreement to ensure that proper
wages and classifications are utilized under the contract.

Section 4: Effective date.

EXISTING LAW: Currently there is no provision of New York State Law
that specifically mentions job order contracting.

JUSTIFICATION: A job order contract ("JOC") is an indefinite quantity
contract for the-performance of construction, renovation, alteration
and repair tasks. A JOC is generally a multi-year contract that
includes a base year with multiple renewal options. A contractor
bidding for a JOC does not submit a fixed dollar figure as a contract.
Rather, a contractor submits an adjustment factor, known as a
"multiplier," which is a percentage above or below prices for tasks
that are set forth in a unit price book. For example, a bid of 1.25
indicates that the bidder would perform work at 125% of the price for
each task in the unit price book that the bidder performs. The bidder
who submits the lowest "multiplier" is awarded the JOC The bidders are
bidding on a range of tasks that may or may not be performed over the
course of the contract.

Because of the indefinite nature of these contracts, many contractors
are unable to bid on such a complicated process. Those that do submit
bids, do not know the specifics of the work they will perform and,
therefore, cannot properly ascertain how much the project will cost
them. If the unit bid is too low and they turn out to be underpaid,
cost-saving measures could become necessary; corners might be cut on
these projects which would negate the very purpose of public work.


It is has been wall founded by New York courts that imprecise bid
specifications violate the competitive bidding law because they
frustrate bidders' ability to set the lowest possible bid and
discourage persons from bidding (Matter of Sagamore Auto Body v.
County of Nassau, 104 AD 2d 818, 821, 2nd Dept 1964).

Job order contracting is traditionally appropriate for small
construction projects and this legislation would properly regulate the
practice as such.

LEGISLATIVE HISTORY: Similar legislation to S. 3564 of 2013 Session -
Veto Message 259

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect 120 after it becomes law
and apply to all job order contracts solicited or renewed on or after
such effective date.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6618

                            I N  S E N A T E

                            February 14, 2014
                               ___________

Introduced  by  Sens. SAVINO, BONACIC -- read twice and ordered printed,
  and when printed to be committed to the Committee on Labor

AN ACT to amend the labor law, the state finance  law  and  the  general
  municipal  law,  in  relation  to labor performed under certain public
  work contracts

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 5 of section 220 of the labor law is amended by
adding a new paragraph m to read as follows:
  M. "JOB ORDER CONTRACT" SHALL MEAN A COMPETITIVE BID, INDEFINITE QUAN-
TITY, 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  AS
PART  OF  THE WORK TO BE PERFORMED UNDER THE BASE CONTRACT. IF THE STATE
OR A PUBLIC BENEFIT CORPORATION OR A MUNICIPAL CORPORATION OR A  COMMIS-
SION  APPOINTED PURSUANT TO LAW IS A PARTY TO A JOB ORDER CONTRACT, SUCH
ENTITY MUST MAKE ALL INFORMATION ASSOCIATED WITH THE CONTRACT, INCLUDING
SUBCONTRACTS, AVAILABLE TO THE DEPARTMENT PURSUANT TO A REQUEST  BY  THE
COMMISSIONER, AND TO THE PUBLIC IN COMPLIANCE WITH THE FREEDOM OF INFOR-
MATION LAW PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
  S  2.  The state finance law is amended by adding a new section 148 to
read as follows:
  S 148. JOB ORDER CONTRACTS. 1. "JOB ORDER  CONTRACT"  SHALL  HAVE  THE
SAME  MEANING AS SET FORTH IN PARAGRAPH M OF SUBDIVISION FIVE OF SECTION
TWO HUNDRED TWENTY OF THE LABOR LAW. "PROJECT" SHALL MEAN AN  INDIVIDUAL
JOB ORDER PERFORMED UNDER THE CONTRACT.
  2.  THE  JOB  ORDER  CONTRACT  MUST  BE IN COMPLIANCE WITH SECTION ONE
HUNDRED THIRTY-FIVE OF THIS ARTICLE, HAVE A DEFINED SCOPE  OF  WORK  AND
INCLUDE A DESCRIPTION OF THE TYPE OF WORK TO BE PERFORMED UNDER THE BASE
CONTRACT,  INCLUDING  IDENTIFICATION OF TRADES WHICH WILL BE UTILIZED ON
PROJECTS ASSOCIATED WITH THE CONTRACT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13904-01-4

S. 6618                             2

  3. THE COST OF A JOB ORDER CONTRACT MAY NOT EXCEED  ONE  MILLION  FIVE
HUNDRED  THOUSAND  DOLLARS PER TWELVE MONTHS. NO PROJECT PERFORMED UNDER
THE JOB ORDER CONTRACT MAY EXCEED FIVE  HUNDRED  THOUSAND  DOLLARS.  THE
RESTRICTIONS  IN THIS SUBDIVISION SHALL NOT APPLY WHERE THE PUBLIC OWNER
REQUIRES A PROJECT LABOR AGREEMENT CONSISTENT WITH PROVISIONS OF SECTION
TWO HUNDRED TWENTY-TWO OF THE LABOR LAW.
  4. THE JOB ORDER CONTRACT MUST COMPLY WITH THE REQUIREMENTS FOR MINOR-
ITY  AND  WOMEN'S BUSINESS DEVELOPMENT PURSUANT TO ARTICLE FOUR-A OF THE
ECONOMIC DEVELOPMENT LAW.
  5. THESE REQUIREMENTS APPLY TO ALL JOB ORDER  CONTRACTS  ISSUED  BY  A
STATE  AGENCY,  AS DEFINED BY SUBDIVISION THREE OF SECTION TWO-A OF THIS
CHAPTER, A COVERED AUTHORITY, AS DEFINED BY SUBDIVISION SIX  OF  SECTION
TWO-A  OF THIS CHAPTER, THE NEW YORK CITY HOUSING AUTHORITY, ESTABLISHED
UNDER TITLE ONE OF ARTICLE THIRTEEN OF THE PUBLIC HOUSING LAW,  AND  THE
NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY, ESTABLISHED UNDER TITLE SIX
OF ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW.
  6. IF AN ENTITY DESCRIBED IN SUBDIVISION SEVEN OF THIS SECTION SEEKS A
THIRD PARTY CONSULTANT TO ASSIST, IN ANY MANNER, WITH THE BIDDING AND/OR
IMPLEMENTATION OF A JOB ORDER CONTRACT, SUCH THIRD PARTY CONSULTANT MUST
BE SELECTED PURSUANT TO A COMPETITIVE BID PROCESS. UPON WINNING SUCH JOB
ORDER  CONTRACT,  THE  ENTITY  DESCRIBED  IN  SUBDIVISION  SEVEN OF THIS
SECTION SHALL ONLY COMPENSATE SUCH THIRD PARTY  CONSULTANT  BASED  ON  A
FIXED-PRICE.
  7.  THIS  SECTION  SHALL  NOT  APPLY NOR RESTRICT THE USE OF JOB ORDER
CONTRACTS:
  (A) IN ANY  RECONSTRUCTION,  REPAIR,  REHABILITATION,  OR  MAINTENANCE
EFFORTS  ASSOCIATED  WITH  DAMAGES  FROM  THE TWO THOUSAND TWELVE STORM,
COMMONLY KNOWN AS HURRICANE SANDY, OR
  (B) DURING ANY "STATE DISASTER EMERGENCY" THE RECONSTRUCTION,  REPAIR,
REHABILITATION,  OR MAINTENANCE EFFORTS RESULTING FROM A NATURAL OR MAN-
MADE "DISASTER" AS SUCH TERMS  ARE  DEFINED  UNDER  SUBDIVISION  TWO  OF
SECTION TWENTY OF THE EXECUTIVE LAW.
  S  3.  The  general  municipal  law is amended by adding a new section
103-h to read as follows:
  S 103-H. JOB ORDER CONTRACTS. 1. "JOB ORDER CONTRACT" SHALL  HAVE  THE
SAME  MEANING AS SET FORTH IN PARAGRAPH M OF SUBDIVISION FIVE OF SECTION
TWO HUNDRED TWENTY OF THE LABOR LAW. "PROJECT" SHALL MEAN AN  INDIVIDUAL
JOB ORDER PERFORMED UNDER THE CONTRACT.
  2.  THE  JOB  ORDER  CONTRACT  MUST  BE IN COMPLIANCE WITH SECTION ONE
HUNDRED THIRTY-FIVE OF THE STATE FINANCE LAW, HAVE A  DEFINED  SCOPE  OF
WORK AND INCLUDE A DESCRIPTION OF THE TYPE OF WORK TO BE PERFORMED UNDER
THE  BASE  CONTRACT,  INCLUDING  IDENTIFICATION  OF TRADES WHICH WILL BE
UTILIZED ON PROJECTS ASSOCIATED WITH THE CONTRACT.
  3. THE COST OF A JOB ORDER CONTRACT MAY NOT EXCEED  ONE  MILLION  FIVE
HUNDRED  THOUSAND  DOLLARS PER TWELVE MONTHS. NO PROJECT PERFORMED UNDER
THE JOB ORDER CONTRACT MAY EXCEED FIVE HUNDRED THOUSAND  DOLLARS.    THE
RESTRICTIONS  IN THIS SUBDIVISION SHALL NOT APPLY WHERE THE PUBLIC OWNER
REQUIRES A PROJECT LABOR AGREEMENT CONSISTENT WITH PROVISIONS OF SECTION
TWO HUNDRED TWENTY-TWO OF THE LABOR LAW.
  4. THE JOB ORDER CONTRACT MUST COMPLY WITH THE REQUIREMENTS FOR MINOR-
ITY AND WOMEN'S BUSINESS DEVELOPMENT PURSUANT TO ARTICLE FOUR-A  OF  THE
ECONOMIC DEVELOPMENT LAW.
  5. THESE REQUIREMENTS APPLY TO ALL POLITICAL SUBDIVISIONS.
  6.  IF  A  POLITICAL  SUBDIVISION  SEEKS  A  THIRD PARTY CONSULTANT TO
ASSIST, IN ANY MANNER, WITH THE BIDDING AND/OR IMPLEMENTATION OF  A  JOB
ORDER CONTRACT, SUCH THIRD PARTY CONSULTANT MUST BE SELECTED PURSUANT TO

S. 6618                             3

A  COMPETITIVE  BID  PROCESS.  UPON WINNING SUCH JOB ORDER CONTRACT, THE
POLITICAL SUBDIVISION DESCRIBED IN SUBDIVISION  SEVEN  OF  THIS  SECTION
SHALL   ONLY   COMPENSATE   SUCH  THIRD  PARTY  CONSULTANT  BASED  ON  A
FIXED-PRICE.
  7.  THIS  SECTION  SHALL  NOT  APPLY NOR RESTRICT THE USE OF JOB ORDER
CONTRACTS:
  A. IN  ANY  RECONSTRUCTION,  REPAIR,  REHABILITATION,  OR  MAINTENANCE
EFFORTS  ASSOCIATED  WITH  DAMAGES  FROM  THE TWO THOUSAND TWELVE STORM,
COMMONLY KNOWN AS HURRICANE SANDY, OR
  B. DURING ANY "STATE DISASTER EMERGENCY" THE  RECONSTRUCTION,  REPAIR,
REHABILITATION,  OR MAINTENANCE EFFORTS RESULTING FROM A NATURAL OR MAN-
MADE "DISASTER" AS SUCH TERMS  ARE  DEFINED  UNDER  SUBDIVISION  TWO  OF
SECTION TWENTY OF THE EXECUTIVE LAW.
  S 4. This act shall take effect on the one hundred twentieth day after
it  shall  have  become a law and shall apply to all job order contracts
solicited or renewed on or after such effective date.

Co-Sponsors

S6618A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8757A
Current Committee:
Law Section:
Labor Law
Laws Affected:
Amd §220, Lab L; add §148, St Fin L; add §103-h, Gen Muni L

S6618A (ACTIVE) - Bill Texts

view summary

Requires job order contracts to be in use for labor performed under certain public work contracts.

view sponsor memo
BILL NUMBER:S6618A

TITLE OF BILL: An act to amend the labor law, the state finance law
and the general municipal law, in relation to labor performed under
certain public work contracts

PURPOSE OR GENERAL IDEA OF BILL:

To regulate the practice of job order contracting in relation to
public work projects.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends subdivision 5 of section 220 of the Labor Law by
adding a new paragraph m which defines the term "job order contract"
and requires that such contracts be available for review by the
Department of Labor and also to the public through a Freedom of
Information Law (FOIL) request.

Section 2: Amends the State Finance Law by adding a new section 148
which specifies requirements and limitations on job order contracts.
Certain requirements will be removed if the public owner requires
inclusion of a project labor agreement to ensure that proper wages and
classifications are utilized under the contract.

Section 3: Amends the General Municipal Law by adding a new section
103-h which specifies requirements and limitations on job order
contracts. Certain requirements will be removed if the public owner
requires inclusion of a project labor agreement to ensure that proper
wages and classifications are utilized under the contract.

Section 4: Effective date.

EXISTING LAW:

Currently there is no provision of New York State Law that
specifically mentions job order contracting.

JUSTIFICATION:

A job order contract ("JOC") is an indefinite quantity contract for
the-performance of construction, renovation, alteration and repair
tasks. A JOC is generally a multi-year contract that includes a base
year with multiple renewal options. A contractor bidding for a JOC
does not submit a fixed dollar figure as a contract. Rather, a
contractor submits an adjustment factor, known as a "multiplier,"
which is a percentage above or below prices for tasks that are set
forth in a unit price book. For example, a bid of 1.25 indicates that
the bidder would perform work at 125% of the price for each task in
the unit price book that the bidder performs. The bidder who submits
the lowest "multiplier" is awarded the JOC. The bidders are bidding on
a range of tasks that may or may not be performed over the course of
the contract.

Because of the indefinite nature of these contracts, many contractors
are unable to bid on such a complicated process. Those that do submit
bids, do not know the specifics of the work they will perform and,


therefore, cannot properly ascertain how much the project will cost
them. If the unit bid is too low and they turn out to be underpaid,
cost-saving measures could become necessary; corners might be cut on
these projects which would negate the very purpose of public work.

It is has been wall founded by New York courts that imprecise bid
specifications violate the competitive bidding law because they
frustrate bidders' ability to set the lowest possible bid and
discourage persons from bidding (Matter of Sagamore Auto Body v.
County of Nassau, 104 AD.2d 818, 821, 2nd Dept 1964).

Job order contracting is traditionally appropriate for small
construction projects and this legislation would properly regulate the
practice as such.

LEGISLATIVE HISTORY:

Similar legislation to S. 3564 of 2013 Session - Veto Message 259

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect 120 after it becomes law and apply to all
job order contracts solicited or renewed on or after such effective
date.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6618--A

                            I N  S E N A T E

                            February 14, 2014
                               ___________

Introduced  by  Sens.  SAVINO,  BONACIC,  BALL -- read twice and ordered
  printed, and when printed to be committed to the Committee on Labor --
  reported favorably from said committee and committed to the  Committee
  on Finance -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN  ACT  to  amend  the labor law, the state finance law and the general
  municipal law, in relation to labor  performed  under  certain  public
  work contracts

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 5 of section 220 of the labor law is amended by
adding a new paragraph m to read as follows:
  M. "JOB ORDER CONTRACT" SHALL MEAN A COMPETITIVE BID, INDEFINITE QUAN-
TITY, 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 AS
PART OF THE WORK TO BE PERFORMED UNDER THE BASE CONTRACT. IF  THE  STATE
OR  A PUBLIC BENEFIT CORPORATION OR A MUNICIPAL CORPORATION OR A COMMIS-
SION APPOINTED PURSUANT TO LAW IS A PARTY TO A JOB ORDER CONTRACT,  SUCH
ENTITY MUST MAKE ALL INFORMATION ASSOCIATED WITH THE CONTRACT, INCLUDING
SUBCONTRACTS,  AVAILABLE  TO THE DEPARTMENT PURSUANT TO A REQUEST BY THE
COMMISSIONER, AND TO THE PUBLIC IN COMPLIANCE WITH THE FREEDOM OF INFOR-
MATION LAW PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
  S 2. The state finance law is amended by adding a new section  148  to
read as follows:
  S  148.  JOB  ORDER  CONTRACTS. 1. "JOB ORDER CONTRACT" SHALL HAVE THE
SAME MEANING AS SET FORTH IN PARAGRAPH M OF SUBDIVISION FIVE OF  SECTION
TWO  HUNDRED TWENTY OF THE LABOR LAW. "PROJECT" SHALL MEAN AN INDIVIDUAL
JOB ORDER PERFORMED UNDER THE CONTRACT.
  2. THE JOB ORDER CONTRACT MUST  BE  IN  COMPLIANCE  WITH  SECTION  ONE
HUNDRED  THIRTY-FIVE  OF  THIS ARTICLE, HAVE A DEFINED SCOPE OF WORK AND
INCLUDE A DESCRIPTION OF THE TYPE OF WORK TO BE PERFORMED UNDER THE BASE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13904-02-4

S. 6618--A                          2

CONTRACT, INCLUDING IDENTIFICATION OF TRADES WHICH WILL BE  UTILIZED  ON
PROJECTS ASSOCIATED WITH THE CONTRACT.
  3.  THE  COST  OF A JOB ORDER CONTRACT MAY NOT EXCEED ONE MILLION FIVE
HUNDRED THOUSAND DOLLARS PER TWELVE MONTHS. NO PROJECT  PERFORMED  UNDER
THE  JOB  ORDER  CONTRACT  MAY EXCEED FIVE HUNDRED THOUSAND DOLLARS. THE
RESTRICTIONS IN THIS SUBDIVISION SHALL NOT APPLY WHERE THE PUBLIC  OWNER
REQUIRES A PROJECT LABOR AGREEMENT CONSISTENT WITH PROVISIONS OF SECTION
TWO HUNDRED TWENTY-TWO OF THE LABOR LAW.
  4. THE JOB ORDER CONTRACT MUST COMPLY WITH THE REQUIREMENTS FOR MINOR-
ITY  AND  WOMEN'S  BUSINESS DEVELOPMENT PURSUANT TO ARTICLE FIFTEEN-A OF
THE EXECUTIVE LAW.
  5. THESE REQUIREMENTS APPLY TO ALL JOB ORDER  CONTRACTS  ISSUED  BY  A
STATE  AGENCY,  AS DEFINED BY SUBDIVISION THREE OF SECTION TWO-A OF THIS
CHAPTER, A COVERED AUTHORITY, AS DEFINED BY SUBDIVISION SIX  OF  SECTION
TWO-A  OF THIS CHAPTER, THE NEW YORK CITY HOUSING AUTHORITY, ESTABLISHED
UNDER TITLE ONE OF ARTICLE THIRTEEN OF THE PUBLIC HOUSING LAW,  AND  THE
NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY, ESTABLISHED UNDER TITLE SIX
OF ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW.
  6.  IF AN ENTITY DESCRIBED IN SUBDIVISION FIVE OF THIS SECTION SEEKS A
THIRD PARTY CONSULTANT TO ASSIST, IN ANY MANNER, WITH THE BIDDING AND/OR
IMPLEMENTATION OF A JOB ORDER CONTRACT, SUCH THIRD PARTY CONSULTANT MUST
BE SELECTED PURSUANT TO A COMPETITIVE BID PROCESS. UPON WINNING SUCH JOB
ORDER CONTRACT, THE ENTITY DESCRIBED IN SUBDIVISION FIVE OF THIS SECTION
SHALL  ONLY  COMPENSATE  SUCH  THIRD  PARTY  CONSULTANT   BASED   ON   A
FIXED-PRICE.
  7.  THIS  SECTION  SHALL  NOT  APPLY NOR RESTRICT THE USE OF JOB ORDER
CONTRACTS:
  (A) IN ANY  RECONSTRUCTION,  REPAIR,  REHABILITATION,  OR  MAINTENANCE
EFFORTS  ASSOCIATED  WITH  DAMAGES  FROM  THE TWO THOUSAND TWELVE STORM,
COMMONLY KNOWN AS HURRICANE SANDY, OR
  (B) DURING ANY "STATE DISASTER EMERGENCY" THE RECONSTRUCTION,  REPAIR,
REHABILITATION,  OR MAINTENANCE EFFORTS RESULTING FROM A NATURAL OR MAN-
MADE "DISASTER" AS SUCH TERMS  ARE  DEFINED  UNDER  SUBDIVISION  TWO  OF
SECTION TWENTY OF THE EXECUTIVE LAW.
  S  3.  The  general  municipal  law is amended by adding a new section
103-h to read as follows:
  S 103-H. JOB ORDER CONTRACTS. 1. "JOB ORDER CONTRACT" SHALL  HAVE  THE
SAME  MEANING AS SET FORTH IN PARAGRAPH M OF SUBDIVISION FIVE OF SECTION
TWO HUNDRED TWENTY OF THE LABOR LAW. "PROJECT" SHALL MEAN AN  INDIVIDUAL
JOB ORDER PERFORMED UNDER THE CONTRACT.
  2.  THE  JOB  ORDER  CONTRACT  MUST  BE IN COMPLIANCE WITH SECTION ONE
HUNDRED ONE OF THIS ARTICLE, HAVE A DEFINED SCOPE OF WORK AND INCLUDE  A
DESCRIPTION OF THE TYPE OF WORK TO BE PERFORMED UNDER THE BASE CONTRACT,
INCLUDING  IDENTIFICATION  OF  TRADES WHICH WILL BE UTILIZED ON PROJECTS
ASSOCIATED WITH THE CONTRACT.
  3. THE COST OF A JOB ORDER CONTRACT MAY NOT EXCEED  ONE  MILLION  FIVE
HUNDRED  THOUSAND  DOLLARS PER TWELVE MONTHS. NO PROJECT PERFORMED UNDER
THE JOB ORDER CONTRACT MAY EXCEED FIVE HUNDRED THOUSAND  DOLLARS.    THE
RESTRICTIONS  IN THIS SUBDIVISION SHALL NOT APPLY WHERE THE PUBLIC OWNER
REQUIRES A PROJECT LABOR AGREEMENT CONSISTENT WITH PROVISIONS OF SECTION
TWO HUNDRED TWENTY-TWO OF THE LABOR LAW.
  4. THE JOB ORDER CONTRACT MUST COMPLY WITH THE REQUIREMENTS FOR MINOR-
ITY AND WOMEN'S BUSINESS DEVELOPMENT PURSUANT TO  ARTICLE  FIFTEEN-A  OF
THE EXECUTIVE LAW.
  5. THESE REQUIREMENTS APPLY TO ALL POLITICAL SUBDIVISIONS.

S. 6618--A                          3

  6.  IF  A  POLITICAL  SUBDIVISION  SEEKS  A  THIRD PARTY CONSULTANT TO
ASSIST, IN ANY MANNER, WITH THE BIDDING AND/OR IMPLEMENTATION OF  A  JOB
ORDER CONTRACT, SUCH THIRD PARTY CONSULTANT MUST BE SELECTED PURSUANT TO
A  COMPETITIVE  BID  PROCESS.  UPON WINNING SUCH JOB ORDER CONTRACT, THE
POLITICAL  SUBDIVISION SHALL ONLY COMPENSATE SUCH THIRD PARTY CONSULTANT
BASED ON A FIXED-PRICE.
  7. THIS SECTION SHALL NOT APPLY NOR RESTRICT  THE  USE  OF  JOB  ORDER
CONTRACTS:
  A.  IN  ANY  RECONSTRUCTION,  REPAIR,  REHABILITATION,  OR MAINTENANCE
EFFORTS ASSOCIATED WITH DAMAGES FROM  THE  TWO  THOUSAND  TWELVE  STORM,
COMMONLY KNOWN AS HURRICANE SANDY, OR
  B.  DURING  ANY "STATE DISASTER EMERGENCY" THE RECONSTRUCTION, REPAIR,
REHABILITATION, OR MAINTENANCE EFFORTS RESULTING FROM A NATURAL OR  MAN-
MADE  "DISASTER"  AS  SUCH  TERMS  ARE  DEFINED UNDER SUBDIVISION TWO OF
SECTION TWENTY OF THE EXECUTIVE LAW.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law and shall apply to all  job  order  contracts
solicited or renewed on or after such effective date.

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