NY Pub Auth L § 1740 (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 6 - The New York City School Construction Authority Act 1740 - Use of Outside Design, Drafting or Inspection Services.

§ 1740. Use of outside design, drafting or inspection services. 1. All design, drafting or inspection services necessary in connection with the approved  educational  facilities  capital  plan  shall  be performed by appropriate employees of the authority, except as otherwise provided  in this section.   2.  a.  The  authority  will undertake design, drafting and inspection services with employees of the authority  so  that  (i)  not  less  than twenty  percent  of  such  work  performed  in  the  years  ending  June thirtieth, nineteen hundred eighty-nine, and  June  thirtieth,  nineteen hundred  ninety will be so undertaken; (ii) not less than thirty percent of such work performed in  the  year  ending  June  thirtieth,  nineteen hundred  ninety-one will be so undertaken; and (iii) not less than forty percent of such work  performed  in  the  year  ending  June  thirtieth, nineteen  hundred  ninety-two and thereafter will be so undertaken. Each such percentage shall be determined by the value of the  work  performed for  its respective fiscal year for such design, drafting and inspection services in the approved educational facilities capital plan.   b. Notwithstanding the provisions of paragraph a of this  subdivision, design,  drafting  and  inspection  services may be performed by persons other than employees of the authority in any given fiscal year when  the amount  of  services  allowed  to  be  performed  by  persons other than employees  of  the  authority  pursuant  to  the  provisions   of   this subdivision have been exhausted for that fiscal year, and when:  (1)  Performance  by  persons other than employees of the authority is necessary to avoid a conflict of interest,  as  defined  in  regulations promulgated by the authority, and is a direct consequence of an accident or other unforeseen circumstance; or  (2)  (A)  Current employees of the authority are otherwise engaged and cannot be reassigned to perform the services; (B) new  employees  cannot be hired within a reasonable time to perform such services; and (C) such services are needed in connection with work undertaken in response to an emergency. For purposes of this subparagraph, the term "emergency" shall mean  a  situation  involving  danger  to life, safety or property which requires immediate action, is essential to efficient  operation  or  the adequate provision of service by the city board or the authority, and is a direct consequence of an accident or other unforeseen circumstance.   3.  a.  Design,  drafting  or  inspection  services  above the minimum percentages  reserved  for  employees  of  the  authority  pursuant   to paragraph a of subdivision two of this section may be performed by other than  appropriate  employees  of  the  authority if to do so is (i) cost effective, (ii) required  to  obtain  special  expertise  not  available through  the  appropriate  employees of the authority, (iii) required to perform a service of short duration, (iv)  required  to  respond  to  an emergency, or (v) required to avoid a conflict of interest.   b.  Prior  to  executing a contract for design, drafting or inspection services pursuant to paragraph a  of  this  subdivision,  the  authority shall  prepare  a specific statement which sets forth the objective data supporting the reasons why the proposed contract meets one  or  more  of the  requirements set forth in such paragraph. Where use of the contract is stated to be in compliance with subparagraph (i) of  such  paragraph, such  statement  shall  include certification that the contract will not cause the displacement of authority employees.   c. (1) Prior to the scheduled award of the  contract  proposed  to  be awarded pursuant to paragraph a of this subdivision, the authority shall provide  all  employee  organizations that represent authority employees who would otherwise perform such  work  with  copies  of  the  statement rendered  pursuant  to  paragraph b of this subdivision and the proposed contract so that each such employee organization  shall  have  at  least  fifteen   days   to  object  to  the  proposed  contract.  Any  employee organization which provides a timely written notice of objection and the reasons therefor shall,  unless  the  authority  agrees  in  writing  to withdraw  the  proposed  contract,  be  permitted  to  be  heard  by the authority's trustees prior to the award of the contract.  (2) Notwithstanding the provisions contained within  subparagraph  one of  this  paragraph, the employee organization may be provided less than the required fifteen days to object to the proposed  contract  when  the contract   is  required  to  respond  to  an  emergency  as  defined  in subparagraph two of paragraph b of  subdivision  two  of  this  section; provided,  however,  that  all  other provisions of such clause shall be observed.   4. No later than ten days prior to the date set by  the  city  charter for  the  holding  of  hearings on the mayor's annual preliminary budget statements for capital projects, the authority shall  prepare  a  report specifying  the  projects  from the approved educational facilities plan which the authority plans to commit to during the next fiscal  year.  If the  authority  intends  to  contract for design, drafting or inspection services in connection with any project so specified, the  report  shall further specify (i) for which projects the services are needed; (ii) the type  of  services  to  be  provided  pursuant  to  contract;  (iii) the estimated cost of the contract; and (iv) the reason or reasons why award of the contract is consistent with this subdivision. The report shall be filed in the authority's office and in the office of the city board, and shall be available to the public upon request. The authority shall  file revisions to the report so as to provide advance notice of not less than thirty days of additional projects that the authority plans to undertake on  which  the  authority  intends  to  contract for design, drafting or inspection services. Such revisions shall  be  in  accordance  with  the criteria  of  this  subdivision.  Such  revisions  shall  also  identify projects which the authority  included  in  its  report  but  which  the authority  does  not intend to pursue in the applicable fiscal year. The authority shall file such revisions in the authority's office and in the office of the city board, and such revisions shall be available  to  the public  upon  request.  Such report and revisions shall not preclude the authority from entering into contracts or undertaking projects.   5. Nothing herein shall be deemed to create a cause of action  against the  authority challenging the board's determination to award a contract pursuant to subdivision three of this section,  except  to  challenge  a failure  by  the  authority  to  adhere  to  the  process  set  forth in paragraphs b and c of subdivision three of this section.