STATE OF NEW YORK
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4279
2011-2012 Regular Sessions
IN ASSEMBLY
February 2, 2011
___________
Introduced by M. of A. P. RIVERA, JAFFEE -- read once and referred to
the Committee on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to transparent
methods of subcontracting by general contractors who enter public work
contracts with the New York state dormitory authority
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1676-a of the public authorities law, as added by
2 chapter 769 of the laws of 1978, is amended to read as follows:
3 § 1676-a. [Payment] Contracts for and payment on authority public work
4 projects. 1. Notwithstanding the provisions of any other law to the
5 contrary, all contracts for public work awarded by the dormitory author-
6 ity pursuant to this title shall be in accordance with section one
7 hundred thirty-nine-f of the state finance law. For the purposes of this
8 section, public work by the dormitory authority shall include but not be
9 limited to the construction of dormitories and other related structures
10 as defined in paragraph [a] (a) of subdivision two of section sixteen
11 hundred seventy-six of this title, boards of cooperative educational
12 services as defined in paragraph [d] (d) of subdivision two of section
13 sixteen hundred seventy-six of this title, locally sponsored community
14 colleges as defined in subdivision seven of section sixteen hundred
15 seventy-six of this title, and the city university as defined in subdi-
16 vision eight of section sixteen hundred seventy-six of this title.
17 2. Notwithstanding the provisions of any other law to the contrary,
18 each bidder on a public work contract, where the preparation of separate
19 specifications is not required, shall submit with its bid a separate
20 sealed list that names each subcontractor that the bidder will use to
21 perform work on the contract, and the agreed-upon amount to be paid to
22 each for: (i) plumbing and gas fitting, (ii) steam heating, hot water
23 heating, ventilating and air conditioning apparatus and (iii) electric
24 wiring and standard illuminating fixtures. After the low bid is
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04158-01-1
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1 announced, the sealed list of subcontractors submitted with such low bid
2 shall be opened and the names of such subcontractors shall be announced,
3 and thereafter any change of subcontractor or agreed-upon amount to be
4 paid to each shall require approval of the public owner, upon a showing
5 presented to the public owner of legitimate construction need for such
6 change, which shall be open to public inspection. Legitimate
7 construction need shall be limited to, a change in project specifica-
8 tions, a change in construction material costs, a change to subcontrac-
9 tor status as determined pursuant to paragraph (e) of subdivision two of
10 section two hundred twenty-two of the labor law, or the subcontractor
11 has become otherwise unwilling, unable or unavailable to perform the
12 subcontract. The sealed lists of subcontractors submitted by all other
13 bidders shall be returned to them unopened after the contract award.
14 § 2. Subdivision 8 of section 1678 of the public authorities law, as
15 amended by chapter 251 of the laws of 1962, is amended to read as
16 follows:
17 8. In connection with public work contracts:
18 (a) By contract or contracts or by its own employees to construct,
19 acquire, reconstruct, rehabilitate and improve, and furnish and equip,
20 dormitories and necessary and usual attendant facilities for state-oper-
21 ated institutions and statutory and contract colleges under the juris-
22 diction of the state university of New York pursuant to agreement with
23 the state university construction fund created by section three hundred
24 seventy-one of the education law.
25 (b) Prior to contract award, to ensure that each bidder on a public
26 work contract, where the preparation of separate specifications is not
27 required, submit with its bid a separate sealed list that names each
28 subcontractor that the bidder will use to perform work on the contract,
29 and the agreed-upon amount to be paid to each, for: (i) plumbing and gas
30 fitting, (ii) steam heating, hot water heating, ventilating and air
31 conditioning apparatus and (iii) electric wiring standard illuminating
32 fixtures. After the low bid is announced, the sealed list of subcontrac-
33 tors submitted with such low bid shall be opened and the names of such
34 subcontractors shall be announced, and thereafter any change of subcon-
35 tractor or agreed-upon amount to be paid to each shall require the
36 approval of the public owner, upon a showing presented to the public
37 owner of legitimate construction need for such change, which shall be
38 open to public inspection. Legitimate construction need shall be limited
39 to, a change in project specifications, a change in construction materi-
40 al costs, a change to subcontractor status as determined pursuant to
41 paragraph (e) of subdivision two of section two hundred twenty-two of
42 the labor law, or the subcontractor has become otherwise unwilling,
43 unable or unavailable to perform the subcontract. The sealed lists of
44 subcontractors submitted by all other bidders shall be returned to them
45 unopened after the contract award.
46 (c) To sell, convey, lease, sublease or otherwise transfer any real
47 property or interest therein held by the authority to any person, firm,
48 association, corporation or agency, including a public body, for the
49 purpose of constructing or otherwise providing thereon a structure,
50 provided that, simultaneously therewith, the authority enters into an
51 agreement for the reconveyance, purchase, lease, sublease or other
52 acquisition of the facilities to be contained in such structures.
53 Any contract undertaken or financed by the dormitory authority for any
54 construction, reconstruction, rehabilitation or improvement for any
55 facilities or combined occupancy structures shall comply with the
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1 provisions of section one hundred one and one hundred three of the
2 general municipal law, and section two hundred twenty of the labor law;
3 § 3. This act shall take effect on the sixtieth day after it shall
4 have become a law.
