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This entry was published on 2021-08-13
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SECTION 127
Construction and repair of buildings of institutions reporting to the departments having jurisdiction
State Finance (STF) CHAPTER 56, ARTICLE 8
§ 127. Construction and repair of buildings of institutions reporting
to the departments having jurisdiction. As used in this section, the
term "departments having jurisdiction" shall be deemed to mean the
departments referred to in section one hundred twenty-five of this act,
except that with respect to construction, acquisition, reconstruction,
rehabilitation or improvement work at any state institution or facility
under the professional jurisdiction, supervision and control of the
department of mental hygiene, it shall not be deemed to mean the
department of mental hygiene unless such work is let by the commissioner
of general services as agent for the health and mental hygiene
facilities improvement corporation pursuant to an agreement with the
trustees of said corporation, as authorized by the health and mental
hygiene facilities improvement act.

1. All plans and specifications for the construction, alteration,
repair and improvement of buildings for institutions reporting to the
departments shall be prepared by the office of general services. The
departments having jurisdiction shall adopt or reject any such plans or
specifications, and no such work shall be begun until the plans and
specifications therefor have been adopted, but before the adoption
thereof, the departments having jurisdiction shall submit the same to
the board of visitors of the institution, if any, in case such board of
visitors is authorized by law to review such plans and specifications,
and shall allow such board a period of not more than thirty days in
which to submit a statement of their opinions and suggestions in regard
thereto.

2. Contracts for such work of construction, alteration, repair or
improvement may be let by the department having jurisdiction, or at the
request of such department by the commissioner of general services, but
in any event such letting shall be in accordance with the procedure set
forth in section eight of the public buildings law, with the approval of
the comptroller for the whole or any part of the work to be performed,
and, in its discretion, such contracts may be sublet. Special orders for
such work may be issued upon authorization by the department having
jurisdiction pursuant to section twenty of the public buildings law.
Copies of all such contracts and special orders shall be filed with the
department having jurisdiction, with the comptroller and with the board
of visitors, if any. All such contracts and special orders for the
construction, alteration, repair or improvement of buildings or plants
of such institutions shall contain a clause that the contract shall only
be deemed executory to the extent of the moneys available, and no
liability shall be incurred by the state beyond the moneys available for
the purpose. Except as provided in section twenty of the public
buildings law, all contracts in an amount greater than five thousand
dollars shall have the performance thereof secured by sufficient bond or
bonds, together with a bond or bonds for the payment of labor and
material as authorized by section one hundred thirty-seven of this
chapter, to be approved by the comptroller and filed in his office and
with the department having jurisdiction or the commissioner of general
services, as the case may be. No work done by special orders in an
amount less than twenty thousand dollars need have a bond. No work shall
be done by special order unless the commissioner has presented to the
comptroller evidence that he has made a diligent effort to obtain
competition sufficient to protect the interests of the state prior to
selecting the contractor to perform the work. In all cases in which
contracts to be let are for the purpose of connecting any such
institution with the system or line or lines maintained or operated by
any public service corporation or repairing or improving any such
connection, such public service corporation shall not be required to
give a certified check upon submitting its proposal as hereinbefore
provided nor to give any bond, nor shall any advertising for proposals
be necessary where the public service corporation is to perform the
work.

3. The work of construction, alteration, repair or improvement of
buildings or plant of any such state institution may be done by the
employment of incarcerated individual or outside labor, either or both,
and by purchase of materials in the open market whenever, in the opinion
of the comptroller, the department having jurisdiction and the
commissioner of general services, or an authorized representative of his
department, such course shall be more advantageous to the state. No
compensation shall be allowed for the employment of incarcerated
individual labor except convict labor.

4. Where money is appropriated for any specific purpose other than for
maintenance, and the work, materials, furniture, apparatus or other
supplies are not to be performed or purchased pursuant to conrtact or
special order duly made therefor, such money shall be expended pursuant
to special fund estimates made to the department having jurisdiction by
the superintendent of the institution for which such appropriation is
made. The provisions of this chapter relating to the estimates of the
expense required for such institutions shall apply to such estimates;
and when such work is to be performed in accordance with plans and
specifications prepared by the office of general services, or is to be
paid for from appropriations for the construction, alteration, repair or
improvement of buildings or plants, such estimates shall also be subject
to the approval of the office of general services. Except as above
specified all such work shall be done by contract or special order. The
form of the contract or special order shall be prescribed by the
commissioner of general services.

5. All payments on contracts and special orders, other than contracts
and special orders made on the approval of the office of general
services and special fund estimates, shall be made by the comptroller
after audit, on the voucher of the commissioner of general services as
the work progresses or the purchase of material is made. All payments on
contracts, as the work progresses, shall be made by the comptroller
after audit upon the certificate of the office of general services
accompanied by the voucher of the contractor to whom the money is due.
All final payments on contracts and special orders shall be made by the
comptroller after audit upon the certificate of the office of general
services with the approval of the department having jurisdiction.

6. No item of an appropriation made for the performance of such work
shall be available, except for advertising, unless one or more
contracts, special orders or special fund estimates shall first have
been made for completion of such work within the appropriation therefor.
Each original bid with an abstract thereof, shall accompany the copy of
the contract or special order which is to be filed with the comptroller.