N.Y. State Finance Law Section 127
Construction and repair of buildings of institutions reporting to the departments having jurisdiction

As used in this section, the term “departments having jurisdiction” shall be deemed to mean the departments referred to in § 125 (Fiscal supervision of certain institutions)section one hundred twenty-five of this act, except that with respect to construction, acquisition, reconstruction, rehabilitation or improvement work at any state institution or facility under the professional jurisdiction, supervision and control of the department of mental hygiene, it shall not be deemed to mean the department of mental hygiene unless such work is let by the commissioner of general services as agent for the health and mental hygiene facilities improvement corporation pursuant to an agreement with the trustees of said corporation, as authorized by the health and mental hygiene facilities improvement act.

1.

All plans and specifications for the construction, alteration, repair and improvement of buildings for institutions reporting to the departments shall be prepared by the office of general services. The departments having jurisdiction shall adopt or reject any such plans or specifications, and no such work shall be begun until the plans and specifications therefor have been adopted, but before the adoption thereof, the departments having jurisdiction shall submit the same to the board of visitors of the institution, if any, in case such board of visitors is authorized by law to review such plans and specifications, and shall allow such board a period of not more than thirty days in which to submit a statement of their opinions and suggestions in regard thereto.

2.

Contracts for such work of construction, alteration, repair or improvement may be let by the department having jurisdiction, or at the request of such department by the commissioner of general services, but in any event such letting shall be in accordance with the procedure set forth in Public Buildings Law § 8 (Contracts)section eight of the public buildings law, with the approval of the comptroller for the whole or any part of the work to be performed, and, in its discretion, such contracts may be sublet. Special orders for such work may be issued upon authorization by the department having jurisdiction pursuant to Public Buildings Law § 20 (Work done by special order)section twenty of the public buildings law. Copies of all such contracts and special orders shall be filed with the department having jurisdiction, with the comptroller and with the board of visitors, if any. All such contracts and special orders for the construction, alteration, repair or improvement of buildings or plants of such institutions shall contain a clause that the contract shall only be deemed executory to the extent of the moneys available, and no liability shall be incurred by the state beyond the moneys available for the purpose. Except as provided in Public Buildings Law § 20 (Work done by special order)section twenty of the public buildings law, all contracts in an amount greater than five thousand dollars shall have the performance thereof secured by sufficient bond or bonds, together with a bond or bonds for the payment of labor and material as authorized by § 137 (Bond to secure payment of certain claims arising from a public improvement)section one hundred thirty-seven of this chapter, to be approved by the comptroller and filed in his office and with the department having jurisdiction or the commissioner of general services, as the case may be. No work done by special orders in an amount less than twenty thousand dollars need have a bond. No work shall be done by special order unless the commissioner has presented to the comptroller evidence that he has made a diligent effort to obtain competition sufficient to protect the interests of the state prior to selecting the contractor to perform the work. In all cases in which contracts to be let are for the purpose of connecting any such institution with the system or line or lines maintained or operated by any public service corporation or repairing or improving any such connection, such public service corporation shall not be required to give a certified check upon submitting its proposal as hereinbefore provided nor to give any bond, nor shall any advertising for proposals be necessary where the public service corporation is to perform the work.

3.

The work of construction, alteration, repair or improvement of buildings or plant of any such state institution may be done by the employment of incarcerated individual or outside labor, either or both, and by purchase of materials in the open market whenever, in the opinion of the comptroller, the department having jurisdiction and the commissioner of general services, or an authorized representative of his department, such course shall be more advantageous to the state. No compensation shall be allowed for the employment of incarcerated individual labor except convict labor.

4.

Where money is appropriated for any specific purpose other than for maintenance, and the work, materials, furniture, apparatus or other supplies are not to be performed or purchased pursuant to conrtact or special order duly made therefor, such money shall be expended pursuant to special fund estimates made to the department having jurisdiction by the superintendent of the institution for which such appropriation is made. The provisions of this chapter relating to the estimates of the expense required for such institutions shall apply to such estimates; and when such work is to be performed in accordance with plans and specifications prepared by the office of general services, or is to be paid for from appropriations for the construction, alteration, repair or improvement of buildings or plants, such estimates shall also be subject to the approval of the office of general services. Except as above specified all such work shall be done by contract or special order. The form of the contract or special order shall be prescribed by the commissioner of general services.

5.

All payments on contracts and special orders, other than contracts and special orders made on the approval of the office of general services and special fund estimates, shall be made by the comptroller after audit, on the voucher of the commissioner of general services as the work progresses or the purchase of material is made. All payments on contracts, as the work progresses, shall be made by the comptroller after audit upon the certificate of the office of general services accompanied by the voucher of the contractor to whom the money is due. All final payments on contracts and special orders shall be made by the comptroller after audit upon the certificate of the office of general services with the approval of the department having jurisdiction.

6.

No item of an appropriation made for the performance of such work shall be available, except for advertising, unless one or more contracts, special orders or special fund estimates shall first have been made for completion of such work within the appropriation therefor. Each original bid with an abstract thereof, shall accompany the copy of the contract or special order which is to be filed with the comptroller.

Source: Section 127 — Construction and repair of buildings of institutions reporting to the departments having jurisdiction, https://www.­nysenate.­gov/legislation/laws/STF/127 (updated Aug. 13, 2021; accessed Apr. 27, 2024).

Green check means up to date. Up to date

Accessed:
Apr. 27, 2024

Last modified:
Aug. 13, 2021

§ 127’s source at nysenate​.gov

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