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

                                 4810--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2013
                               ___________

Introduced  by M. of A. ABBATE, BRONSON, STECK -- read once and referred
  to the Committee on Labor -- 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, HUDSON VALLEY, CENTRAL NEW YORK,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08603-02-3

              

A. 4810--A                          2

FINGER  LAKES,  WESTERN  NEW  YORK,  SOUTHERN  TIER, NORTH COUNTRY, LONG
ISLAND OR NEW YORK CITY;
  B.    IDENTIFICATION OF TRADES RELEVANT FOR THE SPECIFIC SCOPE OF WORK
TO BE PERFORMED, INCLUDING BUT NOT LIMITED TO:
  (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

A. 4810--A                          3

IMPLEMENTATION OF A JOB ORDER CONTRACT, SUCH THIRD PARTY CONSULTANT MUST
BE SELECTED PURSUANT TO A COMPETITIVE BID PROCESS.
  9.  THIS  SECTION  SHALL  NOT  APPLY NOR RESTRICT THE USE OF JOB ORDER
CONTRACTS:
  A. IN  ANY  RECONSTRUCTION,  REPAIR,  REHABILITATION,  OR  MAINTENANCE
EFFORTS  ASSOCIATED  WITH  DAMAGES  FROM  THE TWO THOUSAND TWELVE STORM,
COMMONLY KNOWN AS HURRICANE SANDY, OR
  B. DURING ANY "STATE DISASTER EMERGENCY" THE  RECONSTRUCTION,  REPAIR,
REHABILITATION,  OR  MAINTENANCE EFFORTS RESULTING FROM A NATURAL OR MAN
MADE "DISASTER" AS SUCH TERMS  ARE  DEFINED  UNDER  SUBDIVISION  TWO  OF
SECTION TWENTY OF THE EXECUTIVE LAW.
  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, HUDSON VALLEY, CENTRAL NEW YORK,
FINGER LAKES, WESTERN NEW  YORK,  SOUTHERN  TIER,  NORTH  COUNTRY,  LONG
ISLAND OR NEW YORK CITY;
  B.    IDENTIFICATION OF TRADES RELEVANT FOR THE SPECIFIC SCOPE OF WORK
TO BE PERFORMED, INCLUDING BUT NOT LIMITED TO:
  (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

A. 4810--A                          4

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
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.
  9.  THIS  SECTION  SHALL  NOT  APPLY NOR RESTRICT THE USE OF JOB ORDER
CONTRACTS:
  A. IN  ANY  RECONSTRUCTION,  REPAIR,  REHABILITATION,  OR  MAINTENANCE
EFFORTS  ASSOCIATED  WITH  DAMAGES  FROM  THE TWO THOUSAND TWELVE STORM,
COMMONLY KNOWN AS HURRICANE SANDY, OR
  B. DURING ANY "STATE DISASTER EMERGENCY" THE  RECONSTRUCTION,  REPAIR,
REHABILITATION,  OR MAINTENANCE EFFORTS RESULTING FROM A NATURAL OR MAN-
MADE "DISASTER" AS SUCH TERMS  ARE  DEFINED  UNDER  SUBDIVISION  TWO  OF
SECTION TWENTY OF THE EXECUTIVE LAW.
  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.