N.Y. PBG Law § 151-A — New York Code / Act PBG / Article 8 / Section 151-A
Separate specifications for certain subdivisions of work involved in the construction or alteration of buildings as a part of or in conne...
Status: in_force

§ 151-a. Separate specifications for certain subdivisions of work\ninvolved in the construction or alteration of buildings as a part of or\nin connection with housing projects. 1. Notwithstanding any inconsistent\nprovision of this chapter or any other general, special or local law,\nexcept as otherwise provided in section two hundred twenty-two of the\nlabor law, any authority or municipality, or any officer, board,\ndepartment, commission or other agency thereof charged with the duty of\npreparing specifications or awarding or entering into contracts\ninvolving the erection, construction, reconstruction or alteration of\nany building or other appurtenance as a part of or in connection with a\nproject or any part thereof in any part of the state under or pursuant\nto the authority of this chapter, when the entire cost of such work\nshall exceed three million dollars in the counties of the Bronx, Kings,\nNew York, Queens, and Richmond; one million five hundred thousand\ndollars in the counties of Nassau, Suffolk and Westchester; and five\nhundred thousand dollars in all other counties within the state, must\nhave prepared separate specifications for the following three\nsubdivisions of the work to be performed:\n  a. Plumbing and gas fitting;\n  b. Steam heating, hot water heating, ventilating and air conditioning\napparatus; and\n  c. Electric wiring and standard illuminating fixtures.\n  2. Such specifications must be so drawn as to permit separate and\nindependent bidding upon each of the above three subdivisions of work.\nAll contracts hereafter awarded by any such authority or municipality,\nor any officer, board, department, commission or other agency thereof,\ninvolving the erection, construction, reconstruction or alteration of\nany building as a part of or in connection with any project under or\npursuant to this chapter, shall award the three subdivisions of the\nabove specified work separately to responsible and reliable persons,\nfirms or corporations engaged in such classes of work.\n  2-a. Each bidder on a public work contract, where the preparation of\nseparate specifications is not required, shall submit with its bid a\nseparate sealed list that names each subcontractor that the bidder will\nuse to perform work on the contract, and the agreed-upon amount to be\npaid to each, for: a. plumbing and gas fitting, b. steam heating, hot\nwater heating, ventilating and air conditioning apparatus and c.\nelectric wiring and standard illuminating fixtures. After the low bid is\nannounced, the sealed list of subcontractors submitted with such low bid\nshall be opened and the names of such subcontractors shall be announced,\nand thereafter any change of subcontractor or agreed-upon amount to be\npaid to each shall require the approval of the public owner, upon a\nshowing presented to the public owner of legitimate construction need\nfor such change, which shall be open to public inspection. Legitimate\nconstruction need shall include, but not be limited to, a change in\nproject specifications, a change in construction material costs, a\nchange to subcontractor status as determined pursuant to paragraph (e)\nof subdivision two of section two hundred twenty-two of the labor law,\nor the subcontractor has become otherwise unwilling, unable or\nunavailable to perform the subcontract. The sealed lists of\nsubcontractors submitted by all other bidders shall be returned to them\nunopened after the contract award.\n  3. Nothing in this section shall be construed to prevent any such\nauthority or municipality in charge of any such project from performing\nany such branches of work by or through their regular employees.\n