N.Y. Public Authorities Law § 1269-g: Requirements for certain authority contracts and related subcontracts

§ 1269-g. Requirements for certain authority contracts and related

subcontracts. 1. Any contractor or subcontractor subject to the posting

requirements of paragraph a of subdivision three-a of section two

hundred twenty of the labor law with respect to a public works contract

of the authority shall:

(a) post information conforming to the provisions of subdivision two

of this section in one or more conspicuous places at each major

workplace site where persons who perform work on the contract or

subcontract, including management, are most likely to see such postings;

provided that, this requirement may be satisfied by the displaying of

such information with other notices that inform persons of rights under

federal or state laws or rules, human resource policies, or collective

bargaining agreements;

(b) post information conforming to the provisions of subdivision two

of this section on an internet and intranet website, if any, of that

person or business organization; provided that, this requirement may be

satisfied by providing on such website a conspicuous hyperlink to the

authority website maintained pursuant to subdivision three of this

section, which hyperlink shall be labeled "Protections for Reporting

Fraud in New York";

(c) distribute information specified in subdivision two of this

section to those persons, including employees and managers, who perform

work on the contract; provided that, this requirement may be satisfied

by distributing such information in an employee handbook or through a

specific electronic communication containing the information to a known

electronic mail address maintained by the person; and

(d) comply with the provisions of this subdivision, and provide to the

authority satisfactory evidence of such compliance, within ninety days.

2. The disclosures required by subdivision one of this section shall:

(a) provide the telephone numbers and addresses to report information

of fraud or other illegal activity to the appropriate officers of the

inspector general of the authority and the attorney-general of the

state;

(b) describe in detail conduct prohibited by section one hundred

eighty-nine of the state finance law, and the role of that act in

preventing and detecting fraud and abuse in work paid for by the

authority or with funds originating from the authority;

(c) notify prospective qui tam plaintiffs on how to file a qui tam

action, including the necessity to contact private counsel skilled in

filing such actions and of the potential for cash rewards in such

actions based on the percentage of the funds recovered by the

government; and

(d) describe prohibitions on employer retaliation against persons who

file or assist actions under article thirteen of the state finance law

(the New York false claims act) pursuant to section one hundred

ninety-one of the state finance law, or who report illegal conduct that

threatens the health or safety of the public pursuant to section seven

hundred forty of the labor law.

3. No later than forty-five days after the effective date of this

section, the authority shall establish and continuously maintain on its

public website and its intranet site a page that shall provide the

information specified in subdivision two of this section, and that shall

also provide sample statements, displays and other materials suitable

for insertion in employee handbooks or posting at workplaces or on

websites that would satisfy the disclosure requirements of this section.

4. On and after the effective date of this section, the authority

shall not enter into any contract described in subdivision one of this

section that does not incorporate the terms of this section.

5. Material compliance by a covered person or business organization

that has contracted with the authority under a contract that

incorporates the terms of this section shall be a material condition of

payment for the provision of goods or services.

6. The authority is authorized to adopt such rules and regulations as

are necessary to effect the purposes of this section.