S T A T E O F N E W Y O R K
________________________________________________________________________
6618--A
I N S E N A T E
February 14, 2014
___________
Introduced by Sens. SAVINO, BONACIC, BALL -- 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:
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. IF THE STATE
OR A PUBLIC BENEFIT CORPORATION OR A MUNICIPAL CORPORATION OR A COMMIS-
SION APPOINTED PURSUANT TO LAW IS A PARTY TO A JOB ORDER CONTRACT, SUCH
ENTITY MUST MAKE ALL INFORMATION ASSOCIATED WITH THE CONTRACT, INCLUDING
SUBCONTRACTS, AVAILABLE TO THE DEPARTMENT PURSUANT TO A REQUEST BY THE
COMMISSIONER, AND TO THE PUBLIC IN COMPLIANCE WITH THE FREEDOM OF INFOR-
MATION LAW PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
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. "PROJECT" SHALL MEAN AN INDIVIDUAL
JOB ORDER PERFORMED UNDER THE CONTRACT.
2. THE JOB ORDER CONTRACT MUST BE IN COMPLIANCE WITH SECTION ONE
HUNDRED THIRTY-FIVE OF THIS ARTICLE, HAVE A DEFINED SCOPE OF WORK AND
INCLUDE A DESCRIPTION OF THE TYPE OF WORK TO BE PERFORMED UNDER THE BASE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13904-02-4
S. 6618--A 2
CONTRACT, INCLUDING IDENTIFICATION OF TRADES WHICH WILL BE UTILIZED ON
PROJECTS ASSOCIATED WITH THE CONTRACT.
3. THE COST OF A JOB ORDER CONTRACT MAY NOT EXCEED ONE MILLION FIVE
HUNDRED THOUSAND DOLLARS PER TWELVE MONTHS. NO PROJECT PERFORMED UNDER
THE JOB ORDER CONTRACT MAY EXCEED FIVE HUNDRED THOUSAND DOLLARS. THE
RESTRICTIONS IN THIS SUBDIVISION SHALL NOT APPLY WHERE THE PUBLIC OWNER
REQUIRES A PROJECT LABOR AGREEMENT CONSISTENT WITH PROVISIONS OF SECTION
TWO HUNDRED TWENTY-TWO OF THE LABOR LAW.
4. THE JOB ORDER CONTRACT MUST COMPLY WITH THE REQUIREMENTS FOR MINOR-
ITY AND WOMEN'S BUSINESS DEVELOPMENT PURSUANT TO ARTICLE FIFTEEN-A OF
THE EXECUTIVE LAW.
5. 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.
6. IF AN ENTITY DESCRIBED IN SUBDIVISION FIVE 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. UPON WINNING SUCH JOB
ORDER CONTRACT, THE ENTITY DESCRIBED IN SUBDIVISION FIVE OF THIS SECTION
SHALL ONLY COMPENSATE SUCH THIRD PARTY CONSULTANT BASED ON A
FIXED-PRICE.
7. 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. "PROJECT" SHALL MEAN AN INDIVIDUAL
JOB ORDER PERFORMED UNDER THE CONTRACT.
2. THE JOB ORDER CONTRACT MUST BE IN COMPLIANCE WITH SECTION ONE
HUNDRED ONE OF THIS ARTICLE, HAVE A DEFINED SCOPE OF WORK AND INCLUDE A
DESCRIPTION OF THE TYPE OF WORK TO BE PERFORMED UNDER THE BASE CONTRACT,
INCLUDING IDENTIFICATION OF TRADES WHICH WILL BE UTILIZED ON PROJECTS
ASSOCIATED WITH THE CONTRACT.
3. THE COST OF A JOB ORDER CONTRACT MAY NOT EXCEED ONE MILLION FIVE
HUNDRED THOUSAND DOLLARS PER TWELVE MONTHS. NO PROJECT PERFORMED UNDER
THE JOB ORDER CONTRACT MAY EXCEED FIVE HUNDRED THOUSAND DOLLARS. THE
RESTRICTIONS IN THIS SUBDIVISION SHALL NOT APPLY WHERE THE PUBLIC OWNER
REQUIRES A PROJECT LABOR AGREEMENT CONSISTENT WITH PROVISIONS OF SECTION
TWO HUNDRED TWENTY-TWO OF THE LABOR LAW.
4. THE JOB ORDER CONTRACT MUST COMPLY WITH THE REQUIREMENTS FOR MINOR-
ITY AND WOMEN'S BUSINESS DEVELOPMENT PURSUANT TO ARTICLE FIFTEEN-A OF
THE EXECUTIVE LAW.
5. THESE REQUIREMENTS APPLY TO ALL POLITICAL SUBDIVISIONS.
S. 6618--A 3
6. 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. UPON WINNING SUCH JOB ORDER CONTRACT, THE
POLITICAL SUBDIVISION SHALL ONLY COMPENSATE SUCH THIRD PARTY CONSULTANT
BASED ON A FIXED-PRICE.
7. 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 on the one hundred twentieth day after
it shall have become a law and shall apply to all job order contracts
solicited or renewed on or after such effective date.