§ 101 — Separate specifications for certain public work

§ 101. Separate specifications for certain public work. 1. Except as\notherwise provided in section two hundred twenty-two of the labor law,\nevery officer, board or agency of a political subdivision or of any\ndistrict therein, charged with the duty of preparing specifications or\nawarding or entering into contracts for the erection, construction,\nreconstruction or alteration of buildings, when the entire cost of such\npublic work shall exceed three million dollars in the counties of the\nBronx, Kings, New York, Queens, and Richmond; one million five hundred\nthousand dollars in the counties of Nassau, Suffolk and Westchester; and\nfive hundred thousand dollars in all other counties within the state,\nshall prepare separate specifications for the following three\nsubdivisions of the work to be performed:\n a. Plumbing and gas fitting;\n b. Steam heating, hot water heating, ventilating and air conditioning\napparatus; and\n c. Electric wiring and standard illuminating fixtures.\n 2. Such specifications shall be drawn so as to permit separate and\nindependent bidding upon each of the above three subdivisions of work.\nAll contracts awarded by any political subdivision or by an officer,\nboard or agency thereof, or of any district therein, for the erection,\nconstruction, reconstruction or alteration of buildings, or any part\nthereof, shall award the three subdivisions of the above specified work\nseparately in the manner provided by section one hundred three of this\narticle. Nothing in this section shall be construed to prevent any\npolitical subdivision from performing any such branches of work by or\nthrough their regular employees, or in the case of public institutions,\nby the incarcerated individuals thereof.\n 3. In the county of Erie, specifications for public work pertaining to\nthe construction of a county stadium may provide for assignment of\nresponsibility for supervision and coordination of any of the contracts\nfor such work to a single responsible and reliable person, firm or\ncorporation.\n 4. In the county of Albany, specifications for work pertaining to the\nconstruction of a civic center may provide for assignment of\nresponsibility for supervision and coordination of any or all of the\ncontracts for such work to a single responsible and reliable person,\nfirm or corporation.\n 5. Each bidder on a public work contract, where the preparation of\nseparate specifications is not required, shall submit with its bid a\nseparate sealed list that names each subcontractor that the bidder will\nuse to perform work on the contract, and the agreed-upon amount to be\npaid to each, for: (a) plumbing and gas fitting, (b) steam heating, hot\nwater heating, ventilating and air conditioning apparatus and (c)\nelectric wiring and standard illuminating fixtures. After the low bid is\nannounced, the sealed list of subcontractors submitted with such low bid\nshall be opened and the names of such subcontractors shall be announced,\nand thereafter any change of subcontractor or agreed-upon amount to be\npaid to each shall require the approval of the public owner, upon a\nshowing presented to the public owner of legitimate construction need\nfor such change, which shall be open to public inspection. Legitimate\nconstruction need shall include, but not be limited to, a change in\nproject specifications, a change in construction material costs, a\nchange to subcontractor status as determined pursuant to paragraph (e)\nof subdivision two of section two hundred twenty-two of the labor law,\nor the subcontractor has become otherwise unwilling, unable or\nunavailable to perform the subcontract. The sealed lists of\nsubcontractors submitted by all other bidders shall be returned to them\nunopened after the contract award.\n