2023 New York Laws › GMU - General Municipal › Article 5-A - Public Contracts › 101 - Separate Specifications for Certain Public Work.

§  101.  Separate specifications for certain public work. 1. Except as
  otherwise provided in section two hundred twenty-two of the  labor  law,
  every  officer,  board  or  agency  of a political subdivision or of any
  district therein, charged with the duty of preparing  specifications  or
  awarding  or  entering  into  contracts  for the erection, construction,
  reconstruction or alteration of buildings, when the entire cost of  such
  public  work  shall  exceed three million dollars in the counties of the
  Bronx, Kings, New York, Queens, and Richmond; one million  five  hundred
  thousand dollars in the counties of Nassau, Suffolk and Westchester; and
  five  hundred  thousand  dollars in all other counties within the state,
  shall  prepare  separate  specifications   for   the   following   three
  subdivisions of the work to be performed:
a. Plumbing and gas fitting;
b.  Steam heating, hot water heating, ventilating and air conditioning
  apparatus; and
c. Electric wiring and standard illuminating fixtures.
2. Such specifications shall be drawn so as  to  permit  separate  and
  independent  bidding  upon each of the above three subdivisions of work.
  All contracts awarded by any political subdivision  or  by  an  officer,
  board  or  agency thereof, or of any district therein, for the erection,
  construction, reconstruction or alteration of  buildings,  or  any  part
  thereof,  shall award the three subdivisions of the above specified work
  separately in the manner provided by section one hundred three  of  this
  article.  Nothing  in  this  section  shall  be construed to prevent any
  political subdivision from performing any such branches of  work  by  or
  through  their regular employees, or in the case of public institutions,
  by the incarcerated individuals thereof.
3. In the county of Erie, specifications for public work pertaining to
  the construction of a county  stadium  may  provide  for  assignment  of
  responsibility  for supervision and coordination of any of the contracts
  for such work to a single  responsible  and  reliable  person,  firm  or
  corporation.
4.  In the county of Albany, specifications for work pertaining to the
  construction  of  a  civic  center  may  provide   for   assignment   of
  responsibility  for  supervision  and  coordination of any or all of the
  contracts for such work to a single  responsible  and  reliable  person,
  firm or corporation.
5.  Each  bidder  on  a public work contract, where the preparation of
  separate specifications is not required, shall submit  with  its  bid  a
  separate  sealed list that names each subcontractor that the bidder will
  use to perform work on the contract, and the agreed-upon  amount  to  be
  paid  to each, for: (a) plumbing and gas fitting, (b) steam heating, hot
  water heating,  ventilating  and  air  conditioning  apparatus  and  (c)
  electric wiring and standard illuminating fixtures. After the low bid is
  announced, the sealed list of subcontractors submitted with such low bid
  shall be opened and the names of such subcontractors shall be announced,
  and  thereafter  any change of subcontractor or agreed-upon amount to be
  paid to each shall require the approval of  the  public  owner,  upon  a
  showing  presented  to  the public owner of legitimate construction need
  for such change, which shall be open to  public  inspection.  Legitimate
  construction  need  shall  include,  but  not be limited to, a change in
  project specifications, a  change  in  construction  material  costs,  a
  change  to  subcontractor status as determined pursuant to paragraph (e)
  of subdivision two of section two hundred twenty-two of the  labor  law,
  or   the   subcontractor  has  become  otherwise  unwilling,  unable  or
  unavailable  to  perform  the   subcontract.   The   sealed   lists   of
  subcontractors  submitted by all other bidders shall be returned to them
  unopened after the contract award.