Section 6-302. Applicability  


Latest version.
  • a.  Except  where  otherwise  provided,  the
      provisions of this chapter shall apply to any product:
        (1) purchased or leased by any agency;
        (2) purchased or leased by any contractor  pursuant  to  any  contract
      with  any  agency where the director has designated such contract as one
      subject to this chapter in whole or in part; or
        (3) purchased or leased by any contractor  pursuant  to  any  contract
      with  any  agency  for  construction work in any building; provided that
      this paragraph  shall  only  require  that  such  contractors  meet  the
      requirements   of   subdivisions  a,  b  and  c  of  section  6-313  and
      subdivisions a and b of section 6-306 of this  chapter.  Notwithstanding
      the  foregoing,  except  when otherwise determined by the director, this
      paragraph shall not apply to any such contract:
        (i) subject to green building standards pursuant to subdivision  b  of
      section 224.1 of the charter;
        (ii)  subject to energy efficiency standards pursuant to subdivision c
      of section 224.1 of the charter; provided, however, that this  exception
      shall  only  apply  to  the purchase of energy using products and to the
      extent the purchase or lease of  any  such  products  is  necessary  for
      compliance with such subdivision;
        (iii)  subject to water efficiency standards pursuant to subdivision d
      of section 224.1 of the charter; provided, however, that this  exception
      shall only apply to the purchase of water using products;
        (iv)  where  construction  work is for a portion of a building that is
      less than fifteen thousand (15,000) square feet;
        (v) where construction work  is  in  any  building  or  portion  of  a
      building  leased  by the city; provided, however, that this subparagraph
      shall not apply to any product purchased or  leased  by  any  contractor
      pursuant  to any contract with any agency for construction work that (1)
      is a capital project and (2) is in a building or portion of  a  building
      that is leased for the use of a single agency where such single agency's
      lease is for more than fifty thousand (50,000) square feet of space; or
        (vi)   where   the   commissioner   of   the  department  of  citywide
      administrative  services  determines  that  the  requirements  of   this
      paragraph  will  result  in significant difficulty in finding a suitable
      site  for  an  agency  facility  and  that  such  a  circumstance  could
      materially  adversely  affect  the  health,  safety,  or welfare of city
      residents.
        b. Notwithstanding subparagraph (v) of paragraph 3 of subdivision a of
      this section, for any building where any single agency leases less  than
      fifty  thousand  (50,000) but more than fifteen thousand (15,000) square
      feet of space, the contracting agency shall nonetheless make good  faith
      efforts  to  apply  subdivisions  a,  b  and  c  of  section  6-306  and
      subdivisions a and b of section 6-313 of this  chapter  to  any  capital
      construction work.