NY State Fin L § 127 (2021)
2021 New York Laws STF - State Finance Article 8 - Fiscal Supervision of Certain Institutions 127 - Construction and Repair of Buildings of Institutions Reporting to the Departments Having Jurisdiction.

§  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.