Bill Text: NY S03564 | 2013-2014 | General Assembly | Amended
Bill Title: Relates to labor performed under certain public work contracts; defines "job order contract" as certain competitive bid, indefinite quantity, fixed price, multi-task contracts; provides that such contracts shall have a defined scope of work and detailed description of such work; provides that such information shall be filed with the fiscal officer before soliciting for bids; provides that the cost of a job order contract may not exceed $500,000.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-06-21 - SUBSTITUTED BY A4810A [S03564 Detail]
Download: New_York-2013-S03564-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3564--A
2013-2014 Regular Sessions
I N S E N A T E
February 5, 2013
___________
Introduced by Sens. BONACIC, ADDABBO -- read twice and ordered printed,
and when printed to be committed to the Committee on Labor -- reported
favorably from said committee and committed to the Committee on
Finance -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the labor law, the state finance law and the general
municipal law, in relation to labor performed under certain public
work contracts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 5 of section 220 of the labor law is amended by
2 adding a new paragraph m to read as follows:
3 M. "JOB ORDER CONTRACT" SHALL MEAN A COMPETITIVE BID, INDEFINITE QUAN-
4 TITY, FIXED PRICE, MULTI-TASK CONTRACT, WHERE A BASE CONTRACT IS AWARDED
5 WITH PRE-ESTABLISHED TASKS AND PRICES, SPECIFICATIONS AND GENERAL
6 CONTRACT CONDITIONS. CONTRACTORS ARE PERMITTED TO BID BY SUBMITTING A
7 COEFFICIENT OR COEFFICIENTS FOR A JOB ORDER CONTRACT BASED ON A UNIT
8 PRICE BOOK, WHICH CONTAINS A LIST OF ALL TASKS THAT MAY BE PERFORMED AS
9 PART OF THE WORK TO BE PERFORMED UNDER THE BASE CONTRACT. SUCH
10 CONTRACTS MUST BE FILED WITH THE COMMISSIONER BY THE DEPARTMENT OF
11 JURISDICTION AND MUST EXPRESSLY STATE THAT ALL WORK PERFORMED UNDER SUCH
12 CONTRACT IS PURSUANT TO THIS SECTION.
13 S 2. The state finance law is amended by adding a new section 148 to
14 read as follows:
15 S 148. JOB ORDER CONTRACTS. 1. "JOB ORDER CONTRACT", SHALL HAVE THE
16 SAME MEANING AS SET FORTH IN PARAGRAPH M OF SUBDIVISION FIVE OF SECTION
17 TWO HUNDRED TWENTY OF THE LABOR LAW.
18 2. THE JOB ORDER CONTRACT MUST HAVE A DEFINED SCOPE OF WORK, WHICH
19 INCLUDES:
20 A. A LIMITATION TO ONE OF THE GEOGRAPHIC REGIONS COMMONLY REFERRED TO
21 AS THE CAPITAL DISTRICT, MOHAWK VALLEY, HUDSON VALLEY, CENTRAL NEW YORK,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08603-03-3
S. 3564--A 2
1 FINGER LAKES, WESTERN NEW YORK, SOUTHERN TIER, NORTH COUNTRY, LONG
2 ISLAND OR NEW YORK CITY;
3 B. IDENTIFICATION OF TRADES RELEVANT FOR THE SPECIFIC SCOPE OF WORK
4 TO BE PERFORMED, INCLUDING BUT NOT LIMITED TO:
5 (I) BASIC TRADES, INCLUDING CARPENTERS, LABORERS AND BRICKLAYERS,
6 (II) PLUMBING AND GAS FITTING,
7 (III) STEAM HEATING, HOT WATER HEATING, VENTILATING AND AIR CONDITION-
8 ING APPARATUS,
9 (IV) ELECTRIC WIRING AND STANDARD ILLUMINATING FIXTURES,
10 (V) ROOFING,
11 (VI) WELDING,
12 (VII) IRONWORK,
13 (VIII) CONCRETE FINISHING, OR
14 (IX) PAINTING AND PLASTERING; AND
15 C. A DETAILED DESCRIPTION OF THE WORK TO BE PERFORMED UNDER THE BASE
16 CONTRACT, A LIST OF THE TASKS NECESSARY TO COMPLETE THE WORK TO BE
17 PERFORMED UNDER THE BASE CONTRACT AND THE TRADE CLASSIFICATIONS OF THE
18 WORKERS, MECHANICS AND LABORERS WHO WILL PERFORM EACH OF THE LISTED
19 TASKS IN THE BASE CONTRACT.
20 3. THE DEFINED SCOPE OF WORK TO BE PERFORMED UNDER THE BASE CONTRACT
21 MUST NOT BE OVERLY BROAD SO AS TO PREVENT THE CONTRACTOR FROM MAKING AN
22 INFORMED BID DURING THE COMPETITIVE BID PROCESS. THE CONTRACTING ENTITY
23 MUST LIMIT THE WORK TO BE PERFORMED UNDER THE BASE CONTRACT TO THOSE
24 PRE-ESTABLISHED TASKS AND PRICES REFERRED TO IN THE GENERAL CONTRACT
25 CONDITIONS.
26 4. BEFORE SOLICITING BIDS FOR THE BASE CONTRACT, THE CONTRACTING ENTI-
27 TY SHALL FILE ALL INFORMATION REQUIRED BY SUBPARAGRAPH (I) OF PARAGRAPH
28 A OF SUBDIVISION THREE-A OF SECTION TWO HUNDRED TWENTY OF THE LABOR LAW
29 WITH THE FISCAL OFFICER. THE CONTRACTING ENTITY MAY NOT SOLICIT BIDS FOR
30 THE CONTRACT UNTIL ALL REQUIREMENTS OF SUBPARAGRAPH (I) OF PARAGRAPH A
31 OF SUBDIVISION THREE-A OF SECTION TWO HUNDRED TWENTY OF THE LABOR LAW
32 HAVE BEEN SATISFIED.
33 5. THE COST OF A JOB ORDER CONTRACT MAY NOT EXCEED FIVE HUNDRED THOU-
34 SAND DOLLARS. SUCH CONTRACT IS LIMITED TO ONE YEAR AND MAY BE RENEWED
35 FOR AN ADDITIONAL TWELVE MONTHS TWICE SO LONG AS THE FIVE HUNDRED THOU-
36 SAND DOLLAR THRESHOLD HAS NOT BEEN REACHED. IT IS IMPERMISSIBLE TO
37 SUBDIVIDE A CONTRACT INTO SEPARATE CONTRACTS IN ORDER TO MEET THE
38 REQUIREMENTS OF THIS SUBDIVISION. THE RESTRICTIONS IN THIS SUBDIVISION
39 SHALL NOT APPLY WHERE THE PUBLIC OWNER REQUIRES A PROJECT LABOR AGREE-
40 MENT CONSISTENT WITH PROVISIONS OF SECTION TWO HUNDRED TWENTY-TWO OF THE
41 LABOR LAW.
42 6. THE JOB ORDER CONTRACT AND ALL SUBCONTRACTS ASSOCIATED WITH SUCH
43 JOB ORDER CONTRACT MUST EXPRESSLY STATE THAT ALL WORK PERFORMED UNDER
44 SUCH CONTRACTS IS PURSUANT TO SECTION TWO HUNDRED TWENTY OF THE LABOR
45 LAW.
46 7. THESE REQUIREMENTS APPLY TO ALL JOB ORDER CONTRACTS ISSUED BY A
47 STATE AGENCY, AS DEFINED BY SUBDIVISION THREE OF SECTION TWO-A OF THIS
48 CHAPTER, A COVERED AUTHORITY, AS DEFINED BY SUBDIVISION SIX OF SECTION
49 TWO-A OF THIS CHAPTER, THE NEW YORK CITY HOUSING AUTHORITY, ESTABLISHED
50 UNDER TITLE ONE OF ARTICLE THIRTEEN OF THE PUBLIC HOUSING LAW, AND THE
51 NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY, ESTABLISHED UNDER TITLE SIX
52 OF ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW. ALL SUCH ENTITIES MUST
53 LIMIT ASSIGNMENT UNDER CONTRACTS ISSUED PURSUANT TO THIS SECTION TO A
54 MINORITY PORTION OF ITS ANNUAL CAPITAL BUDGET, IF SUCH BUDGET EXISTS.
55 8. IF AN ENTITY DESCRIBED IN SUBDIVISION SEVEN OF THIS SECTION SEEKS A
56 THIRD PARTY CONSULTANT TO ASSIST, IN ANY MANNER, WITH THE BIDDING AND/OR
S. 3564--A 3
1 IMPLEMENTATION OF A JOB ORDER CONTRACT, SUCH THIRD PARTY CONSULTANT MUST
2 BE SELECTED PURSUANT TO A COMPETITIVE BID PROCESS.
3 9. THIS SECTION SHALL NOT APPLY NOR RESTRICT THE USE OF JOB ORDER
4 CONTRACTS:
5 A. IN ANY RECONSTRUCTION, REPAIR, REHABILITATION, OR MAINTENANCE
6 EFFORTS ASSOCIATED WITH DAMAGES FROM THE TWO THOUSAND TWELVE STORM,
7 COMMONLY KNOWN AS HURRICANE SANDY, OR
8 B. DURING ANY "STATE DISASTER EMERGENCY" THE RECONSTRUCTION, REPAIR,
9 REHABILITATION, OR MAINTENANCE EFFORTS RESULTING FROM A NATURAL OR MAN
10 MADE "DISASTER" AS SUCH TERMS ARE DEFINED UNDER SUBDIVISION TWO OF
11 SECTION TWENTY OF THE EXECUTIVE LAW.
12 S 3. The general municipal law is amended by adding a new section
13 103-h to read as follows:
14 S 103-H. JOB ORDER CONTRACTS. 1. "JOB ORDER CONTRACT", SHALL HAVE THE
15 SAME MEANING AS SET FORTH IN PARAGRAPH M OF SUBDIVISION FIVE OF SECTION
16 TWO HUNDRED TWENTY OF THE LABOR LAW.
17 2. THE JOB ORDER CONTRACT MUST HAVE A DEFINED SCOPE OF WORK, WHICH
18 INCLUDES:
19 A. A LIMITATION TO ONE OF THE GEOGRAPHIC REGIONS COMMONLY REFERRED TO
20 AS THE CAPITAL DISTRICT, MOHAWK VALLEY, HUDSON VALLEY, CENTRAL NEW YORK,
21 FINGER LAKES, WESTERN NEW YORK, SOUTHERN TIER, NORTH COUNTRY, LONG
22 ISLAND OR NEW YORK CITY;
23 B. IDENTIFICATION OF TRADES RELEVANT FOR THE SPECIFIC SCOPE OF WORK
24 TO BE PERFORMED, INCLUDING BUT NOT LIMITED TO:
25 (I) BASIC TRADES, INCLUDING CARPENTERS, LABORERS AND BRICKLAYERS,
26 (II) PLUMBING AND GAS FITTING,
27 (III) STEAM HEATING, HOT WATER HEATING, VENTILATING AND AIR CONDITION-
28 ING APPARATUS,
29 (IV) ELECTRIC WIRING AND STANDARD ILLUMINATING FIXTURES,
30 (V) ROOFING,
31 (VI) WELDING,
32 (VII) IRONWORK,
33 (VIII) CONCRETE FINISHING, OR
34 (IX) PAINTING AND PLASTERING; AND
35 C. A DETAILED DESCRIPTION OF THE WORK TO BE PERFORMED UNDER THE BASE
36 CONTRACT, A LIST OF THE TASKS NECESSARY TO COMPLETE THE WORK TO BE
37 PERFORMED UNDER THE BASE CONTRACT AND THE TRADE CLASSIFICATIONS OF THE
38 WORKERS, MECHANICS AND LABORERS WHO WILL PERFORM EACH OF THE LISTED
39 TASKS IN THE BASE CONTRACT.
40 3. THE DEFINED SCOPE OF WORK TO BE PERFORMED UNDER THE BASE CONTRACT
41 MUST NOT BE OVERLY BROAD SO AS TO PREVENT THE CONTRACTOR FROM MAKING AN
42 INFORMED BID DURING THE COMPETITIVE BID PROCESS. THE CONTRACTING ENTITY
43 MUST LIMIT THE WORK TO BE PERFORMED UNDER THE BASE CONTRACT TO THOSE
44 PRE-ESTABLISHED TASKS AND PRICES REFERRED TO IN THE GENERAL CONTRACT
45 CONDITIONS.
46 4. BEFORE SOLICITING BIDS FOR THE BASE CONTRACT, THE CONTRACTING ENTI-
47 TY SHALL FILE ALL INFORMATION REQUIRED BY SUBPARAGRAPH (I) OF PARAGRAPH
48 A OF SUBDIVISION THREE-A OF SECTION TWO HUNDRED TWENTY OF THE LABOR LAW
49 WITH THE FISCAL OFFICER. THE CONTRACTING ENTITY MAY NOT SOLICIT BIDS FOR
50 THE BASE CONTRACT UNTIL ALL REQUIREMENTS OF SUBPARAGRAPH (I) OF PARA-
51 GRAPH A OF SUBDIVISION THREE-A OF SECTION TWO HUNDRED TWENTY OF THE
52 LABOR LAW HAVE BEEN SATISFIED.
53 5. THE COST OF A JOB ORDER CONTRACT MAY NOT EXCEED FIVE HUNDRED THOU-
54 SAND DOLLARS. SUCH CONTRACT IS LIMITED TO ONE YEAR AND MAY BE RENEWED
55 FOR AN ADDITIONAL TWELVE MONTHS TWICE SO LONG AS THE FIVE HUNDRED THOU-
56 SAND DOLLAR THRESHOLD HAS NOT BEEN REACHED. IT IS IMPERMISSIBLE TO
S. 3564--A 4
1 SUBDIVIDE A CONTRACT INTO SEPARATE CONTRACTS IN ORDER TO MEET THE
2 REQUIREMENTS OF THIS SUBDIVISION. THE RESTRICTIONS IN THIS SUBDIVISION
3 SHALL NOT APPLY WHERE THE PUBLIC OWNER REQUIRES A PROJECT LABOR AGREE-
4 MENT CONSISTENT WITH PROVISIONS OF SECTION TWO HUNDRED TWENTY-TWO OF THE
5 LABOR LAW.
6 6. THE JOB ORDER CONTRACT AND ALL SUBCONTRACTS ASSOCIATED WITH SUCH
7 JOB ORDER CONTRACT MUST EXPRESSLY STATE THAT ALL WORK PERFORMED UNDER
8 SUCH CONTRACTS IS PURSUANT TO SECTION TWO HUNDRED TWENTY OF THE LABOR
9 LAW.
10 7. THESE REQUIREMENTS APPLY TO ALL POLITICAL SUBDIVISIONS. ALL SUCH
11 POLITICAL SUBDIVISIONS MUST LIMIT ASSIGNMENTS UNDER CONTRACTS ISSUED
12 PURSUANT TO THIS SECTION TO A MINORITY PORTION OF ITS ANNUAL CAPITAL
13 BUDGET, IF SUCH BUDGET EXISTS.
14 8. IF A POLITICAL SUBDIVISION SEEKS A THIRD PARTY CONSULTANT TO
15 ASSIST, IN ANY MANNER, WITH THE BIDDING AND/OR IMPLEMENTATION OF A JOB
16 ORDER CONTRACT, SUCH THIRD PARTY CONSULTANT MUST BE SELECTED PURSUANT TO
17 A COMPETITIVE BID PROCESS.
18 9. THIS SECTION SHALL NOT APPLY NOR RESTRICT THE USE OF JOB ORDER
19 CONTRACTS:
20 A. IN ANY RECONSTRUCTION, REPAIR, REHABILITATION, OR MAINTENANCE
21 EFFORTS ASSOCIATED WITH DAMAGES FROM THE TWO THOUSAND TWELVE STORM,
22 COMMONLY KNOWN AS HURRICANE SANDY, OR
23 B. DURING ANY "STATE DISASTER EMERGENCY" THE RECONSTRUCTION, REPAIR,
24 REHABILITATION, OR MAINTENANCE EFFORTS RESULTING FROM A NATURAL OR MAN-
25 MADE "DISASTER" AS SUCH TERMS ARE DEFINED UNDER SUBDIVISION TWO OF
26 SECTION TWENTY OF THE EXECUTIVE LAW.
27 S 4. This act shall take effect immediately and shall apply to all job
28 order contracts solicited or renewed on or after such effective date.
