N.Y. General Municipal Law § 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.