N.Y. STF Law § 127 — New York Code / Act STF / Article 8 / Section 127
Construction and repair of buildings of institutions reporting to the departments having jurisdiction
Status: in_force

§ 127. Construction and repair of buildings of institutions reporting\nto the departments having jurisdiction. As used in this section, the\nterm "departments having jurisdiction" shall be deemed to mean the\ndepartments referred to in section one hundred twenty-five of this act,\nexcept that with respect to construction, acquisition, reconstruction,\nrehabilitation or improvement work at any state institution or facility\nunder the professional jurisdiction, supervision and control of the\ndepartment of mental hygiene, it shall not be deemed to mean the\ndepartment of mental hygiene unless such work is let by the commissioner\nof general services as agent for the health and mental hygiene\nfacilities improvement corporation pursuant to an agreement with the\ntrustees of said corporation, as authorized by the health and mental\nhygiene facilities improvement act.\n  1. All plans and specifications for the construction, alteration,\nrepair and improvement of buildings for institutions reporting to the\ndepartments shall be prepared by the office of general services. The\ndepartments having jurisdiction shall adopt or reject any such plans or\nspecifications, and no such work shall be begun until the plans and\nspecifications therefor have been adopted, but before the adoption\nthereof, the departments having jurisdiction shall submit the same to\nthe board of visitors of the institution, if any, in case such board of\nvisitors is authorized by law to review such plans and specifications,\nand shall allow such board a period of not more than thirty days in\nwhich to submit a statement of their opinions and suggestions in regard\nthereto.\n  2. Contracts for such work of construction, alteration, repair or\nimprovement may be let by the department having jurisdiction, or at the\nrequest of such department by the commissioner of general services, but\nin any event such letting shall be in accordance with the procedure set\nforth in section eight of the public buildings law, with the approval of\nthe comptroller for the whole or any part of the work to be performed,\nand, in its discretion, such contracts may be sublet. Special orders for\nsuch work may be issued upon authorization by the department having\njurisdiction pursuant to section twenty of the public buildings law.\nCopies of all such contracts and special orders shall be filed with the\ndepartment having jurisdiction, with the comptroller and with the board\nof visitors, if any. All such contracts and special orders for the\nconstruction, alteration, repair or improvement of buildings or plants\nof such institutions shall contain a clause that the contract shall only\nbe deemed executory to the extent of the moneys available, and no\nliability shall be incurred by the state beyond the moneys available for\nthe purpose. Except as provided in section twenty of the public\nbuildings law, all contracts in an amount greater than five thousand\ndollars shall have the performance thereof secured by sufficient bond or\nbonds, together with a bond or bonds for the payment of labor and\nmaterial as authorized by section one hundred thirty-seven of this\nchapter, to be approved by the comptroller and filed in his office and\nwith the department having jurisdiction or the commissioner of general\nservices, as the case may be. No work done by special orders in an\namount less than twenty thousand dollars need have a bond. No work shall\nbe done by special order unless the commissioner has presented to the\ncomptroller evidence that he has made a diligent effort to obtain\ncompetition sufficient to protect the interests of the state prior to\nselecting the contractor to perform the work. In all cases in which\ncontracts to be let are for the purpose of connecting any such\ninstitution with the system or line or lines maintained or operated by\nany public service corporation or repairing or improving any such\nconnection, such public service corporation shall not be required to\ngive a certified check upon submitting its proposal as hereinbefore\nprovided nor to give any bond, nor shall any advertising for proposals\nbe necessary where the public service corporation is to perform the\nwork.\n  3. The work of construction, alteration, repair or improvement of\nbuildings or plant of any such state institution may be done by the\nemployment of incarcerated individual or outside labor, either or both,\nand by purchase of materials in the open market whenever, in the opinion\nof the comptroller, the department having jurisdiction and the\ncommissioner of general services, or an authorized representative of his\ndepartment, such course shall be more advantageous to the state. No\ncompensation shall be allowed for the employment of incarcerated\nindividual labor except convict labor.\n  4. Where money is appropriated for any specific purpose other than for\nmaintenance, and the work, materials, furniture, apparatus or other\nsupplies are not to be performed or purchased pursuant to conrtact or\nspecial order duly made therefor, such money shall be expended pursuant\nto special fund estimates made to the department having jurisdiction by\nthe superintendent of the institution for which such appropriation is\nmade. The provisions of this chapter relating to the estimates of the\nexpense required for such institutions shall apply to such estimates;\nand when such work is to be performed in accordance with plans and\nspecifications prepared by the office of general services, or is to be\npaid for from appropriations for the construction, alteration, repair or\nimprovement of buildings or plants, such estimates shall also be subject\nto the approval of the office of general services. Except as above\nspecified all such work shall be done by contract or special order. The\nform of the contract or special order shall be prescribed by the\ncommissioner of general services.\n  5. All payments on contracts and special orders, other than contracts\nand special orders made on the approval of the office of general\nservices and special fund estimates, shall be made by the comptroller\nafter audit, on the voucher of the commissioner of general services as\nthe work progresses or the purchase of material is made. All payments on\ncontracts, as the work progresses, shall be made by the comptroller\nafter audit upon the certificate of the office of general services\naccompanied by the voucher of the contractor to whom the money is due.\nAll final payments on contracts and special orders shall be made by the\ncomptroller after audit upon the certificate of the office of general\nservices with the approval of the department having jurisdiction.\n  6. No item of an appropriation made for the performance of such work\nshall be available, except for advertising, unless one or more\ncontracts, special orders or special fund estimates shall first have\nbeen made for completion of such work within the appropriation therefor.\nEach original bid with an abstract thereof, shall accompany the copy of\nthe contract or special order which is to be filed with the comptroller.\n