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This entry was published on 2014-09-22
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SECTION 1269-G
Requirements for certain authority contracts and related subcontracts
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 11
§ 1269-g. Requirements for certain authority contracts and related
subcontracts. 1. Any contractor or subcontractor subject to the posting
requirements of paragraph a of subdivision three-a of section two
hundred twenty of the labor law with respect to a public works contract
of the authority shall:

(a) post information conforming to the provisions of subdivision two
of this section in one or more conspicuous places at each major
workplace site where persons who perform work on the contract or
subcontract, including management, are most likely to see such postings;
provided that, this requirement may be satisfied by the displaying of
such information with other notices that inform persons of rights under
federal or state laws or rules, human resource policies, or collective
bargaining agreements;

(b) post information conforming to the provisions of subdivision two
of this section on an internet and intranet website, if any, of that
person or business organization; provided that, this requirement may be
satisfied by providing on such website a conspicuous hyperlink to the
authority website maintained pursuant to subdivision three of this
section, which hyperlink shall be labeled "Protections for Reporting
Fraud in New York";

(c) distribute information specified in subdivision two of this
section to those persons, including employees and managers, who perform
work on the contract; provided that, this requirement may be satisfied
by distributing such information in an employee handbook or through a
specific electronic communication containing the information to a known
electronic mail address maintained by the person; and

(d) comply with the provisions of this subdivision, and provide to the
authority satisfactory evidence of such compliance, within ninety days.

2. The disclosures required by subdivision one of this section shall:

(a) provide the telephone numbers and addresses to report information
of fraud or other illegal activity to the appropriate officers of the
inspector general of the authority and the attorney-general of the
state;

(b) describe in detail conduct prohibited by section one hundred
eighty-nine of the state finance law, and the role of that act in
preventing and detecting fraud and abuse in work paid for by the
authority or with funds originating from the authority;

(c) notify prospective qui tam plaintiffs on how to file a qui tam
action, including the necessity to contact private counsel skilled in
filing such actions and of the potential for cash rewards in such
actions based on the percentage of the funds recovered by the
government; and

(d) describe prohibitions on employer retaliation against persons who
file or assist actions under article thirteen of the state finance law
(the New York false claims act) pursuant to section one hundred
ninety-one of the state finance law, or who report illegal conduct that
threatens the health or safety of the public pursuant to section seven
hundred forty of the labor law.

3. No later than forty-five days after the effective date of this
section, the authority shall establish and continuously maintain on its
public website and its intranet site a page that shall provide the
information specified in subdivision two of this section, and that shall
also provide sample statements, displays and other materials suitable
for insertion in employee handbooks or posting at workplaces or on
websites that would satisfy the disclosure requirements of this section.

4. On and after the effective date of this section, the authority
shall not enter into any contract described in subdivision one of this
section that does not incorporate the terms of this section.

5. Material compliance by a covered person or business organization
that has contracted with the authority under a contract that
incorporates the terms of this section shall be a material condition of
payment for the provision of goods or services.

6. The authority is authorized to adopt such rules and regulations as
are necessary to effect the purposes of this section.