2023 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.