New York Public Authorities Code § 1735

Certain contracts of the authority
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* § 1735. Certain contracts of the authority. 1. Notwithstanding the\nprovisions of paragraph b of subdivision one of section seventeen\nhundred thirty-four of this title, the award of construction contracts\nby the authority between July first, nineteen hundred eighty-nine and\nJune thirtieth, two thousand twenty-eight, shall not be subject to the\nprovisions of section one hundred one of the general municipal law.\n  2. Notice of the invitation for bids for contracts to be awarded\npursuant to this section shall state the time and place of the receipt\nand opening of bids.\n  3. All bidders shall submit to the authority, prior to the opening of\na bid for the award of a contract under this section, a sealed list\nidentifying the names of each subcontractor each contractor proposes to\nutilize under the contract for the performance of the following\nsubdivisions of work:\n  a. Plumbing and gas fitting;\n  b. Steam heating, hot water heating, ventilating and air conditioning\napparatus; and\n  c. Electric wiring and standard illuminating fixtures.\n  The low bidder shall specify in such list the estimated value to be\npaid each such subcontractor for the work to be performed by such\nsubcontractor. After the authority has announced the low bidder at the\nbid opening, the authority shall open only such low bidder's separate\nsealed list and shall read aloud such subcontractors listed therein. All\nsuch sealed lists except those of the low bidder shall be returned\nunopened to their respective contractors following the awarding of a\ncontract.\n  4. The authority shall establish a committee to review and report on\ncontracts issued pursuant to this section and on the procedures and\nmethodology of the authority in awarding such contracts. The review\nshall include, but not be limited to, the degree to which contractors\nawarded contracts pursuant to such paragraph, and the subcontractors\nutilized by them, utilize employees who are represented by labor\norganizations, comply with existing labor standards, maintain harmonious\nlabor relations and recognize state approved apprentice programs. The\ncommittee shall, from time to time, issue economic and statistical\nreports dealing with the costs of construction under this article. Such\nreports shall deal with the costs of labor, material, equipment and\nprofit. The committee shall have no authority to approve or disapprove\ncontracts. The committee shall be composed of two representatives from\nthe authority, one representative from the board, two representatives\nfrom construction-related labor organizations and two representatives\nfrom the construction industry, at least one of whom shall be involved\nin the subdivisions of work described in subdivision three of this\nsection. The president of the authority shall designate the members of\nthe committee, provided, however, that the president shall designate the\nrepresentatives of labor organizations from a list of names submitted by\nthe New York state AFL-CIO.\n  5. In awarding contracts pursuant to this section the authority shall,\nin addition to the factors set forth in subdivision three of section\nseventeen hundred thirty-four of this title, consider the following\nfactors when establishing a list of pre-qualified bidders for\nconstruction work: (a) the degree to which a contractor or subcontractor\nutilizes employees who are represented by a labor organization; (b) the\nabsence of any intentional misrepresentation with regard to lists of\nsubcontractors previously submitted pursuant to the provisions of\nsubdivision two of this section; and (c) the record of the bidder in\ncomplying with existing labor standards, maintaining harmonious labor\nrelations and recognizing state approved apprentice programs.\n  6. The authority shall provide in its construction, erection or\nalteration contracts which implement a five year educational facilities\ncapital plan a provision that shall require each contractor to make\nprompt paym

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