Bill Text: NY S05149 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed - Dead) 2012-06-22 - referred to codes [S05149 Detail]

Download: New_York-2011-S05149-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5149--E
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      May 3, 2011
                                      ___________
       Introduced  by Sens. BONACIC, ADDABBO -- read twice and ordered printed,
         and when printed to be committed to the Committee on Labor --  commit-
         tee  discharged, bill amended, ordered reprinted as amended and recom-
         mitted to  said  committee  --  committee  discharged,  bill  amended,
         ordered  reprinted  as  amended  and  recommitted to said committee --
         recommitted to the Committee on Labor in accordance with  Senate  Rule
         6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
         amended and recommitted to said  committee  --  committee  discharged,
         bill  amended,  ordered  reprinted  as amended and recommitted to said
         committee -- 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:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09486-06-2
       S. 5149--E                          2
    1    S 148. JOB ORDER CONTRACTS. 1. "JOB ORDER CONTRACT",  SHALL  HAVE  THE
    2  SAME  MEANING AS SET FORTH IN PARAGRAPH M OF SUBDIVISION FIVE OF SECTION
    3  TWO HUNDRED TWENTY OF THE LABOR LAW.
    4    2.  THE  JOB  ORDER  CONTRACT MUST HAVE A DEFINED SCOPE OF WORK, WHICH
    5  INCLUDES:
    6    A. A LIMITATION TO ONE OF THE GEOGRAPHIC REGIONS COMMONLY REFERRED  TO
    7  AS  THE  CAPITAL  DISTRICT,  MOHAWK  VALLEY,  CENTRAL  NEW YORK, GENESEE
    8  VALLEY, WESTERN NEW YORK, SOUTHERN TIER, NORTH COUNTRY, LONG  ISLAND  OR
    9  NEW YORK CITY;
   10    B. A DEFINED TRADE OF EITHER:
   11    (I) BASIC TRADES, INCLUDING CARPENTERS, LABORERS AND BRICKLAYERS,
   12    (II) PLUMBING AND GAS FITTING,
   13    (III) STEAM HEATING, HOT WATER HEATING, VENTILATING AND AIR CONDITION-
   14  ING APPARATUS,
   15    (IV) ELECTRIC WIRING AND STANDARD ILLUMINATING FIXTURES,
   16    (V) ROOFING,
   17    (VI) WELDING,
   18    (VII) IRONWORK,
   19    (VIII) CONCRETE FINISHING, OR
   20    (IX) PAINTING AND PLASTERING; AND
   21    C.  A  DETAILED DESCRIPTION OF THE WORK TO BE PERFORMED UNDER THE BASE
   22  CONTRACT, A LIST OF THE TASKS NECESSARY  TO  COMPLETE  THE  WORK  TO  BE
   23  PERFORMED  UNDER  THE BASE CONTRACT AND THE TRADE CLASSIFICATIONS OF THE
   24  WORKERS, MECHANICS AND LABORERS WHO WILL  PERFORM  EACH  OF  THE  LISTED
   25  TASKS IN THE BASE CONTRACT.
   26    3.  THE  DEFINED SCOPE OF WORK TO BE PERFORMED UNDER THE BASE CONTRACT
   27  MUST NOT BE OVERLY BROAD SO AS TO PREVENT THE CONTRACTOR FROM MAKING  AN
   28  INFORMED  BID DURING THE COMPETITIVE BID PROCESS. THE CONTRACTING ENTITY
   29  MUST LIMIT THE WORK TO BE PERFORMED UNDER THE  BASE  CONTRACT  TO  THOSE
   30  PRE-ESTABLISHED  TASKS  AND  PRICES  REFERRED TO IN THE GENERAL CONTRACT
   31  CONDITIONS.
   32    4. BEFORE SOLICITING BIDS FOR THE BASE CONTRACT, THE CONTRACTING ENTI-
   33  TY SHALL FILE ALL INFORMATION REQUIRED BY SUBPARAGRAPH (I) OF  PARAGRAPH
   34  A  OF SUBDIVISION THREE-A OF SECTION TWO HUNDRED TWENTY OF THE LABOR LAW
   35  WITH THE FISCAL OFFICER. THE CONTRACTING ENTITY MAY NOT SOLICIT BIDS FOR
   36  THE CONTRACT UNTIL ALL REQUIREMENTS OF SUBPARAGRAPH (I) OF  PARAGRAPH  A
   37  OF  SUBDIVISION  THREE-A  OF SECTION TWO HUNDRED TWENTY OF THE LABOR LAW
   38  HAVE BEEN SATISFIED.
   39    5. THE COST OF A JOB ORDER CONTRACT MAY NOT EXCEED FIVE HUNDRED  THOU-
   40  SAND  DOLLARS.  SUCH  CONTRACT IS LIMITED TO ONE YEAR AND MAY BE RENEWED
   41  FOR AN ADDITIONAL TWELVE MONTHS TWICE SO LONG AS THE FIVE HUNDRED  THOU-
   42  SAND  DOLLAR  THRESHOLD  HAS  NOT  BEEN  REACHED. IT IS IMPERMISSIBLE TO
   43  SUBDIVIDE A CONTRACT INTO  SEPARATE  CONTRACTS  IN  ORDER  TO  MEET  THE
   44  REQUIREMENTS  OF THIS SUBDIVISION.  THE RESTRICTIONS IN THIS SUBDIVISION
   45  SHALL NOT APPLY WHERE THE PUBLIC OWNER REQUIRES A PROJECT  LABOR  AGREE-
   46  MENT CONSISTENT WITH PROVISIONS OF SECTION TWO HUNDRED TWENTY-TWO OF THE
   47  LABOR LAW.
   48    6.  THE  JOB  ORDER CONTRACT AND ALL SUBCONTRACTS ASSOCIATED WITH SUCH
   49  JOB ORDER CONTRACT MUST EXPRESSLY STATE THAT ALL  WORK  PERFORMED  UNDER
   50  SUCH  CONTRACTS  IS  PURSUANT TO SECTION TWO HUNDRED TWENTY OF THE LABOR
   51  LAW.
   52    7. THESE REQUIREMENTS APPLY TO ALL JOB ORDER  CONTRACTS  ISSUED  BY  A
   53  STATE  AGENCY,  AS DEFINED BY SUBDIVISION THREE OF SECTION TWO-A OF THIS
   54  CHAPTER, A COVERED AUTHORITY, AS DEFINED BY SUBDIVISION SIX  OF  SECTION
   55  TWO-A  OF THIS CHAPTER, THE NEW YORK CITY HOUSING AUTHORITY, ESTABLISHED
   56  UNDER TITLE ONE OF ARTICLE THIRTEEN OF THE PUBLIC HOUSING LAW,  AND  THE
       S. 5149--E                          3
    1  NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY, ESTABLISHED UNDER TITLE SIX
    2  OF  ARTICLE  EIGHT OF THE PUBLIC AUTHORITIES LAW. ALL SUCH ENTITIES MUST
    3  LIMIT ASSIGNMENT UNDER CONTRACTS ISSUED PURSUANT TO THIS  SECTION  TO  A
    4  MINORITY PORTION OF ITS ANNUAL CAPITAL BUDGET, IF SUCH BUDGET EXISTS.
    5    8. IF AN ENTITY DESCRIBED IN SUBDIVISION SEVEN OF THIS SECTION SEEKS A
    6  THIRD PARTY CONSULTANT TO ASSIST, IN ANY MANNER, WITH THE BIDDING AND/OR
    7  IMPLEMENTATION OF A JOB ORDER CONTRACT, SUCH THIRD PARTY CONSULTANT MUST
    8  BE SELECTED PURSUANT TO A COMPETITIVE BID PROCESS.
    9    S  3.  The  general  municipal  law is amended by adding a new section
   10  103-h to read as follows:
   11    S 103-H. JOB ORDER CONTRACTS. 1. "JOB ORDER CONTRACT", SHALL HAVE  THE
   12  SAME  MEANING AS SET FORTH IN PARAGRAPH M OF SUBDIVISION FIVE OF SECTION
   13  TWO HUNDRED TWENTY OF THE LABOR LAW.
   14    2. THE JOB ORDER CONTRACT MUST HAVE A DEFINED  SCOPE  OF  WORK,  WHICH
   15  INCLUDES:
   16    A.  A LIMITATION TO ONE OF THE GEOGRAPHIC REGIONS COMMONLY REFERRED TO
   17  AS THE CAPITAL  DISTRICT,  MOHAWK  VALLEY,  CENTRAL  NEW  YORK,  GENESEE
   18  VALLEY,  WESTERN  NEW YORK, SOUTHERN TIER, NORTH COUNTRY, LONG ISLAND OR
   19  NEW YORK CITY;
   20    B. A DEFINED TRADE OF EITHER:
   21    (I) BASIC TRADES, INCLUDING CARPENTERS, LABORERS AND BRICKLAYERS,
   22    (II) PLUMBING AND GAS FITTING,
   23    (III) STEAM HEATING, HOT WATER HEATING, VENTILATING AND AIR CONDITION-
   24  ING APPARATUS,
   25    (IV) ELECTRIC WIRING AND STANDARD ILLUMINATING FIXTURES,
   26    (V) ROOFING,
   27    (VI) WELDING,
   28    (VII) IRONWORK,
   29    (VIII) CONCRETE FINISHING, OR
   30    (IX) PAINTING AND PLASTERING; AND
   31    C. A DETAILED DESCRIPTION OF THE WORK TO BE PERFORMED UNDER  THE  BASE
   32  CONTRACT,  A  LIST  OF  THE  TASKS  NECESSARY TO COMPLETE THE WORK TO BE
   33  PERFORMED UNDER THE BASE CONTRACT AND THE TRADE CLASSIFICATIONS  OF  THE
   34  WORKERS,  MECHANICS  AND  LABORERS  WHO  WILL PERFORM EACH OF THE LISTED
   35  TASKS IN THE BASE CONTRACT.
   36    3. THE DEFINED SCOPE OF WORK TO BE PERFORMED UNDER THE  BASE  CONTRACT
   37  MUST  NOT BE OVERLY BROAD SO AS TO PREVENT THE CONTRACTOR FROM MAKING AN
   38  INFORMED BID DURING THE COMPETITIVE BID PROCESS. THE CONTRACTING  ENTITY
   39  MUST  LIMIT  THE  WORK  TO BE PERFORMED UNDER THE BASE CONTRACT TO THOSE
   40  PRE-ESTABLISHED TASKS AND PRICES REFERRED TO  IN  THE  GENERAL  CONTRACT
   41  CONDITIONS.
   42    4. BEFORE SOLICITING BIDS FOR THE BASE CONTRACT, THE CONTRACTING ENTI-
   43  TY  SHALL FILE ALL INFORMATION REQUIRED BY SUBPARAGRAPH (I) OF PARAGRAPH
   44  A OF SUBDIVISION THREE-A OF SECTION TWO HUNDRED TWENTY OF THE LABOR  LAW
   45  WITH THE FISCAL OFFICER. THE CONTRACTING ENTITY MAY NOT SOLICIT BIDS FOR
   46  THE  BASE  CONTRACT  UNTIL ALL REQUIREMENTS OF SUBPARAGRAPH (I) OF PARA-
   47  GRAPH A OF SUBDIVISION THREE-A OF SECTION  TWO  HUNDRED  TWENTY  OF  THE
   48  LABOR LAW HAVE BEEN SATISFIED.
   49    5.  THE COST OF A JOB ORDER CONTRACT MAY NOT EXCEED FIVE HUNDRED THOU-
   50  SAND DOLLARS. SUCH CONTRACT IS LIMITED TO ONE YEAR AND  MAY  BE  RENEWED
   51  FOR  AN ADDITIONAL TWELVE MONTHS TWICE SO LONG AS THE FIVE HUNDRED THOU-
   52  SAND DOLLAR THRESHOLD HAS NOT  BEEN  REACHED.  IT  IS  IMPERMISSIBLE  TO
   53  SUBDIVIDE  A  CONTRACT  INTO  SEPARATE  CONTRACTS  IN  ORDER TO MEET THE
   54  REQUIREMENTS OF THIS SUBDIVISION.  THE RESTRICTIONS IN THIS  SUBDIVISION
   55  SHALL  NOT  APPLY WHERE THE PUBLIC OWNER REQUIRES A PROJECT LABOR AGREE-
       S. 5149--E                          4
    1  MENT CONSISTENT WITH PROVISIONS OF SECTION TWO HUNDRED TWENTY-TWO OF THE
    2  LABOR LAW.
    3    6.  THE  JOB  ORDER CONTRACT AND ALL SUBCONTRACTS ASSOCIATED WITH SUCH
    4  JOB ORDER CONTRACT MUST EXPRESSLY STATE THAT ALL  WORK  PERFORMED  UNDER
    5  SUCH  CONTRACTS  IS  PURSUANT TO SECTION TWO HUNDRED TWENTY OF THE LABOR
    6  LAW.
    7    7. THESE REQUIREMENTS APPLY TO ALL POLITICAL  SUBDIVISIONS.  ALL  SUCH
    8  POLITICAL  SUBDIVISIONS  MUST  LIMIT  ASSIGNMENTS UNDER CONTRACTS ISSUED
    9  PURSUANT TO THIS SECTION TO A MINORITY PORTION  OF  ITS  ANNUAL  CAPITAL
   10  BUDGET, IF SUCH BUDGET EXISTS.
   11    8.  IF  A  POLITICAL  SUBDIVISION  SEEKS  A  THIRD PARTY CONSULTANT TO
   12  ASSIST, IN ANY MANNER, WITH THE BIDDING AND/OR IMPLEMENTATION OF  A  JOB
   13  ORDER CONTRACT, SUCH THIRD PARTY CONSULTANT MUST BE SELECTED PURSUANT TO
   14  A COMPETITIVE BID PROCESS.
   15    S 4. This act shall take effect immediately and shall apply to all job
   16  order contracts solicited or renewed on or after such effective date.