§ 437. MWBE and prevailing wage requirements.
1.For prevailing wage\nand minority and women-owned business enterprises requirements\napplicable to tax-free NY areas on state university campuses, city\nuniversity campuses and community colleges, see section three hundred\nsixty-one of the education law.\n 2. Any contract to which a business on a strategic state asset in a\ntax-free NY area is a party, and any contract entered into by a third\nparty acting in place of, on behalf of and for the benefit of the\nbusiness pursuant to any lease, permit or other agreement between such\nthird party and the business, for the construction, reconstruction,\ndemolition, excavation, rehabilitation, repair, renovation, alteration,\nor improvement, of a project, shall be subject to all of the provisio
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§ 437. MWBE and prevailing wage requirements. 1. For prevailing wage\nand minority and women-owned business enterprises requirements\napplicable to tax-free NY areas on state university campuses, city\nuniversity campuses and community colleges, see section three hundred\nsixty-one of the education law.\n 2. Any contract to which a business on a strategic state asset in a\ntax-free NY area is a party, and any contract entered into by a third\nparty acting in place of, on behalf of and for the benefit of the\nbusiness pursuant to any lease, permit or other agreement between such\nthird party and the business, for the construction, reconstruction,\ndemolition, excavation, rehabilitation, repair, renovation, alteration,\nor improvement, of a project, shall be subject to all of the provisions\nof article eight of the labor law, including the enforcement of\nprevailing wage requirements by the fiscal officer as defined in\nparagraph e of subdivision five of section two hundred twenty of the\nlabor law to the same extent as a contract of the state, and shall be\ndeemed a public work for purposes of such article.\n 3. Any individual, public corporation or authority, private\ncorporation, limited liability company or partnership or other entity\nentering into a contract, subcontract, lease, grant, bond, covenant or\nother agreement for a project undertaken on a strategic state asset in a\ntax-free NY area shall be deemed a state agency as that term is defined\nin article fifteen-A of the executive law and such contracts shall be\ndeemed state contracts within the meaning of that term as set forth in\nsuch article.\n 4. A business on a strategic state asset in a tax-free NY area may\nrequire a contractor awarded a contract, subcontract, lease, grant,\nbond, covenant or other agreement for a project to enter into a project\nlabor agreement pursuant to section two hundred twenty-two of the labor\nlaw during and for the work involved with such project when such\nrequirement is part of the business's request for proposals for the\nproject and when the business determines that the record supporting the\ndecision to enter into such an agreement establishes that the interests\nunderlying the competitive bidding laws are best met by requiring a\nproject labor agreement including: obtaining the best work at the lowest\npossible price; preventing favoritism, fraud and corruption; the impact\nof delay; the possibility of cost savings; and any local history of\nlabor unrest.\n 5. For the purposes of this section "project" shall mean capital\nimprovement work on a strategic state asset to be subject to any lease,\ntransfer or conveyance, other than conveyance of title. Such capital\nimprovement work shall include the design, construction, reconstruction,\ndemolition, excavation, rehabilitation, repair, renovation, alteration\nor improvement of a strategic state asset.\n