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.

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A9371B-2011 Actions

• Jun 15, 2012: print number 9371c
• Jun 15, 2012: amend and recommit to codes
• Jun 12, 2012: print number 9371b
• Jun 12, 2012: amend and recommit to codes
• Jun 6, 2012: reported referred to codes
• Apr 10, 2012: print number 9371a
• Apr 10, 2012: amend and recommit to labor
• Feb 24, 2012: referred to labor

A9371B-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   9371--B

                            I N  ASSEMBLY

                              February 24, 2012
                                 ___________

  Introduced  by  M. of A. ABBATE, COLTON, P. RIVERA -- Multi-Sponsored by
    -- M. of A.  HEASTIE -- read once and referred  to  the  Committee  on
    Labor  --  committee  discharged,  bill  amended, ordered reprinted as
    amended and recommitted to said committee -- reported and referred  to
    the  Committee on Codes -- 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:


    Section 1. Subdivision 5 of section 220 of the labor law is amended by
  adding a new paragraph m to read as follows:

    M. "JOB ORDER CONTRACT" SHALL MEAN A COMPETITIVE BID, INDEFINITE QUAN-
  TITY, FIXED PRICE, MULTI-TASK CONTRACT, WHERE A BASE CONTRACT IS AWARDED
  WITH  PRE-ESTABLISHED  TASKS  AND  PRICES,  SPECIFICATIONS  AND  GENERAL
  CONTRACT CONDITIONS. CONTRACTORS ARE PERMITTED TO BID  BY  SUBMITTING  A
  COEFFICIENT  OR  COEFFICIENTS  FOR  A JOB ORDER CONTRACT BASED ON A UNIT
  PRICE BOOK, WHICH CONTAINS A LIST OF ALL TASKS THAT MAY BE PERFORMED  AS
  PART  OF  THE  WORK  TO  BE  PERFORMED  UNDER  THE BASE CONTRACT.   SUCH
  CONTRACTS MUST BE FILED WITH  THE  COMMISSIONER  BY  THE  DEPARTMENT  OF
  JURISDICTION AND MUST EXPRESSLY STATE THAT ALL WORK PERFORMED UNDER SUCH
  CONTRACT IS PURSUANT TO THIS SECTION.
    S  2.  The state finance law is amended by adding a new section 148 to
  read as follows:

    S 148. JOB ORDER CONTRACTS. 1. "JOB ORDER CONTRACT",  SHALL  HAVE  THE
  SAME  MEANING AS SET FORTH IN PARAGRAPH M OF SUBDIVISION FIVE OF SECTION
  TWO HUNDRED TWENTY OF THE LABOR LAW.
    2. THE JOB ORDER CONTRACT MUST HAVE A DEFINED  SCOPE  OF  WORK,  WHICH
  INCLUDES:

    A.  A LIMITATION TO ONE OF THE GEOGRAPHIC REGIONS COMMONLY REFERRED TO
  AS THE CAPITAL  DISTRICT,  MOHAWK  VALLEY,  CENTRAL  NEW  YORK,  GENESEE
  VALLEY,  WESTERN  NEW YORK, SOUTHERN TIER, NORTH COUNTRY, LONG ISLAND OR
  NEW YORK CITY;

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD14657-03-2

 A. 9371--B                          2

    B. A DEFINED TRADE OF EITHER:

    (I) BASIC TRADES, INCLUDING CARPENTERS, LABORERS AND BRICKLAYERS,
    (II) PLUMBING AND GAS FITTING,
    (III) STEAM HEATING, HOT WATER HEATING, VENTILATING AND AIR CONDITION-
  ING APPARATUS,
    (IV) ELECTRIC WIRING AND STANDARD ILLUMINATING FIXTURES,
    (V) ROOFING,
    (VI) WELDING,
    (VII) IRONWORK,
    (VIII) CONCRETE FINISHING, OR
    (IX) PAINTING AND PLASTERING; AND
    C.  A  DETAILED DESCRIPTION OF THE WORK TO BE PERFORMED UNDER THE BASE
  CONTRACT, A LIST OF THE TASKS NECESSARY  TO  COMPLETE  THE  WORK  TO  BE
  PERFORMED  UNDER  THE BASE CONTRACT AND THE TRADE CLASSIFICATIONS OF THE
  WORKERS, MECHANICS AND LABORERS WHO WILL  PERFORM  EACH  OF  THE  LISTED
  TASKS IN THE BASE CONTRACT.
    3.  THE  DEFINED SCOPE OF WORK TO BE PERFORMED UNDER THE BASE CONTRACT
  MUST NOT BE OVERLY BROAD SO AS TO PREVENT THE CONTRACTOR FROM MAKING  AN
  INFORMED  BID DURING THE COMPETITIVE BID PROCESS. THE CONTRACTING ENTITY
  MUST LIMIT THE WORK TO BE PERFORMED UNDER THE  BASE  CONTRACT  TO  THOSE
  PRE-ESTABLISHED  TASKS  AND  PRICES  REFERRED TO IN THE GENERAL CONTRACT
  CONDITIONS.
    4. BEFORE SOLICITING BIDS FOR THE BASE CONTRACT, THE CONTRACTING ENTI-
  TY SHALL FILE ALL INFORMATION REQUIRED BY SUBPARAGRAPH (I) OF  PARAGRAPH
  A  OF SUBDIVISION THREE-A OF SECTION TWO HUNDRED TWENTY OF THE LABOR LAW
  WITH THE FISCAL OFFICER. THE CONTRACTING ENTITY MAY NOT SOLICIT BIDS FOR
  THE CONTRACT UNTIL ALL REQUIREMENTS OF SUBPARAGRAPH (I) OF  PARAGRAPH  A
  OF  SUBDIVISION  THREE-A  OF SECTION TWO HUNDRED TWENTY OF THE LABOR LAW
  HAVE BEEN SATISFIED.
    5. THE COST OF A JOB ORDER CONTRACT MAY NOT EXCEED FIVE HUNDRED  THOU-
  SAND  DOLLARS.  SUCH  CONTRACT IS LIMITED TO ONE YEAR AND MAY BE RENEWED
  FOR AN ADDITIONAL TWELVE MONTHS TWICE SO LONG AS THE FIVE HUNDRED  THOU-
  SAND  DOLLAR  THRESHOLD  HAS  NOT  BEEN  REACHED. IT IS IMPERMISSIBLE TO
  SUBDIVIDE A CONTRACT INTO  SEPARATE  CONTRACTS  IN  ORDER  TO  MEET  THE
  REQUIREMENTS  OF THIS SUBDIVISION.  THE RESTRICTIONS IN THIS SUBDIVISION
  SHALL NOT APPLY WHERE THE PUBLIC OWNER REQUIRES A PROJECT  LABOR  AGREE-
  MENT CONSISTENT WITH PROVISIONS OF SECTION TWO HUNDRED TWENTY-TWO OF THE
  LABOR LAW.
    6.  THE  JOB  ORDER CONTRACT AND ALL SUBCONTRACTS ASSOCIATED WITH SUCH
  JOB ORDER CONTRACT MUST EXPRESSLY STATE THAT ALL  WORK  PERFORMED  UNDER
  SUCH  CONTRACTS  IS  PURSUANT TO SECTION TWO HUNDRED TWENTY OF THE LABOR
  LAW.
    7. THESE REQUIREMENTS APPLY TO ALL JOB ORDER  CONTRACTS  ISSUED  BY  A
  STATE  AGENCY,  AS DEFINED BY SUBDIVISION THREE OF SECTION TWO-A OF THIS
  CHAPTER, A COVERED AUTHORITY, AS DEFINED BY SUBDIVISION SIX  OF  SECTION
  TWO-A  OF THIS CHAPTER, THE NEW YORK CITY HOUSING AUTHORITY, ESTABLISHED
  UNDER TITLE ONE OF ARTICLE THIRTEEN OF THE PUBLIC HOUSING LAW,  AND  THE
  NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY, ESTABLISHED UNDER TITLE SIX
  OF  ARTICLE  EIGHT OF THE PUBLIC AUTHORITIES LAW. ALL SUCH ENTITIES MUST
  LIMIT ASSIGNMENT UNDER CONTRACTS ISSUED PURSUANT TO THIS  SECTION  TO  A
  MINORITY PORTION OF ITS ANNUAL CAPITAL BUDGET, IF SUCH BUDGET EXISTS.
    8. IF AN ENTITY DESCRIBED IN SUBDIVISION SEVEN OF THIS SECTION SEEKS A
  THIRD PARTY CONSULTANT TO ASSIST, IN ANY MANNER, WITH THE BIDDING AND/OR
  IMPLEMENTATION OF A JOB ORDER CONTRACT, SUCH THIRD PARTY CONSULTANT MUST
  BE SELECTED PURSUANT TO A COMPETITIVE BID PROCESS.

 A. 9371--B                          3

    S  3.  The  general  municipal  law is amended by adding a new section
  103-h to read as follows:

    S  103-H. JOB ORDER CONTRACTS. 1. "JOB ORDER CONTRACT", SHALL HAVE THE
  SAME MEANING AS SET FORTH IN PARAGRAPH M OF SUBDIVISION FIVE OF  SECTION
  TWO HUNDRED TWENTY OF THE LABOR LAW.
    2.  THE  JOB  ORDER  CONTRACT MUST HAVE A DEFINED SCOPE OF WORK, WHICH
  INCLUDES:

    A. A LIMITATION TO ONE OF THE GEOGRAPHIC REGIONS COMMONLY REFERRED  TO
  AS  THE  CAPITAL  DISTRICT,  MOHAWK  VALLEY,  CENTRAL  NEW YORK, GENESEE
  VALLEY, WESTERN NEW YORK, SOUTHERN TIER, NORTH COUNTRY, LONG  ISLAND  OR
  NEW YORK CITY;
    B. A DEFINED TRADE OF EITHER:

    (I) BASIC TRADES, INCLUDING CARPENTERS, LABORERS AND BRICKLAYERS,
    (II) PLUMBING AND GAS FITTING,
    (III) STEAM HEATING, HOT WATER HEATING, VENTILATING AND AIR CONDITION-
  ING APPARATUS,
    (IV) ELECTRIC WIRING AND STANDARD ILLUMINATING FIXTURES,
    (V) ROOFING,
    (VI) WELDING,
    (VII) IRONWORK,
    (VIII) CONCRETE FINISHING, OR
    (IX) PAINTING AND PLASTERING; AND
    C.  A  DETAILED DESCRIPTION OF THE WORK TO BE PERFORMED UNDER THE BASE
  CONTRACT, A LIST OF THE TASKS NECESSARY  TO  COMPLETE  THE  WORK  TO  BE
  PERFORMED  UNDER  THE BASE CONTRACT AND THE TRADE CLASSIFICATIONS OF THE
  WORKERS, MECHANICS AND LABORERS WHO WILL  PERFORM  EACH  OF  THE  LISTED
  TASKS IN THE BASE CONTRACT.
    3.  THE  DEFINED SCOPE OF WORK TO BE PERFORMED UNDER THE BASE CONTRACT
  MUST NOT BE OVERLY BROAD SO AS TO PREVENT THE CONTRACTOR FROM MAKING  AN
  INFORMED  BID DURING THE COMPETITIVE BID PROCESS. THE CONTRACTING ENTITY
  MUST LIMIT THE WORK TO BE PERFORMED UNDER THE  BASE  CONTRACT  TO  THOSE
  PRE-ESTABLISHED  TASKS  AND  PRICES  REFERRED TO IN THE GENERAL CONTRACT
  CONDITIONS.
    4. BEFORE SOLICITING BIDS FOR THE BASE CONTRACT, THE CONTRACTING ENTI-
  TY SHALL FILE ALL INFORMATION REQUIRED BY SUBPARAGRAPH (I) OF  PARAGRAPH
  A  OF SUBDIVISION THREE-A OF SECTION TWO HUNDRED TWENTY OF THE LABOR LAW
  WITH THE FISCAL OFFICER. THE CONTRACTING ENTITY MAY NOT SOLICIT BIDS FOR
  THE BASE CONTRACT UNTIL ALL REQUIREMENTS OF SUBPARAGRAPH  (I)  OF  PARA-
  GRAPH  A  OF  SUBDIVISION  THREE-A  OF SECTION TWO HUNDRED TWENTY OF THE
  LABOR LAW HAVE BEEN SATISFIED.
    5. THE COST OF A JOB ORDER CONTRACT MAY NOT EXCEED FIVE HUNDRED  THOU-
  SAND  DOLLARS.  SUCH  CONTRACT IS LIMITED TO ONE YEAR AND MAY BE RENEWED
  FOR AN ADDITIONAL TWELVE MONTHS TWICE SO LONG AS THE FIVE HUNDRED  THOU-
  SAND  DOLLAR  THRESHOLD  HAS  NOT  BEEN  REACHED. IT IS IMPERMISSIBLE TO
  SUBDIVIDE A CONTRACT INTO  SEPARATE  CONTRACTS  IN  ORDER  TO  MEET  THE
  REQUIREMENTS  OF THIS SUBDIVISION.  THE RESTRICTIONS IN THIS SUBDIVISION
  SHALL NOT APPLY WHERE THE PUBLIC OWNER REQUIRES A PROJECT  LABOR  AGREE-
  MENT CONSISTENT WITH PROVISIONS OF SECTION TWO HUNDRED TWENTY-TWO OF THE
  LABOR LAW.
    6.  THE  JOB  ORDER CONTRACT AND ALL SUBCONTRACTS ASSOCIATED WITH SUCH
  JOB ORDER CONTRACT MUST EXPRESSLY STATE THAT ALL  WORK  PERFORMED  UNDER
  SUCH  CONTRACTS  IS  PURSUANT TO SECTION TWO HUNDRED TWENTY OF THE LABOR
  LAW.
    7. THESE REQUIREMENTS APPLY TO ALL POLITICAL  SUBDIVISIONS.  ALL  SUCH
  POLITICAL  SUBDIVISIONS  MUST  LIMIT  ASSIGNMENTS UNDER CONTRACTS ISSUED

 A. 9371--B                          4

  PURSUANT TO THIS SECTION TO A MINORITY PORTION  OF  ITS  ANNUAL  CAPITAL
  BUDGET, IF SUCH BUDGET EXISTS.
    8.  IF  A  POLITICAL  SUBDIVISION  SEEKS  A  THIRD PARTY CONSULTANT TO
  ASSIST, IN ANY MANNER, WITH THE BIDDING AND/OR IMPLEMENTATION OF  A  JOB
  ORDER CONTRACT, SUCH THIRD PARTY CONSULTANT MUST BE SELECTED PURSUANT TO
  A COMPETITIVE BID PROCESS.
    S 4. This act shall take effect immediately and shall apply to all job
  order contracts solicited or renewed on or after such effective date.