Section 151-A. Separate specifications for certain subdivisions of work involved in the construction or alteration of buildings as a part of or in connection with housing projects  


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  • 1. Notwithstanding any inconsistent
      provision  of  this  chapter or any other general, special or local law,
      except as otherwise provided in section two hundred  twenty-two  of  the
      labor  law,  any  authority  or  municipality,  or  any  officer, board,
      department, commission or other agency thereof charged with the duty  of
      preparing   specifications   or  awarding  or  entering  into  contracts
      involving the erection, construction, reconstruction  or  alteration  of
      any  building or other appurtenance as a part of or in connection with a
      project or any part thereof in any part of the state under  or  pursuant
      to  the  authority  of  this  chapter, when the entire cost of such work
      shall exceed three million dollars in the counties of the Bronx,  Kings,
      New  York,  Queens,  and  Richmond;  one  million  five hundred thousand
      dollars in the counties of Nassau, Suffolk  and  Westchester;  and  five
      hundred  thousand  dollars  in all other counties within the state, must
      have  prepared  separate  specifications   for   the   following   three
      subdivisions of the work to be performed:
        a. Plumbing and gas fitting;
        b.  Steam heating, hot water heating, ventilating and air conditioning
      apparatus; and
        c. Electric wiring and standard illuminating fixtures.
        2. Such specifications must be so drawn  as  to  permit  separate  and
      independent  bidding  upon each of the above three subdivisions of work.
      All contracts hereafter awarded by any such authority  or  municipality,
      or  any  officer, board, department, commission or other agency thereof,
      involving the erection, construction, reconstruction  or  alteration  of
      any  building  as  a  part of or in connection with any project under or
      pursuant to this chapter, shall award  the  three  subdivisions  of  the
      above  specified  work  separately  to responsible and reliable persons,
      firms or corporations engaged in such classes of work.
        2-a. Each bidder on a public work contract, where the  preparation  of
      separate  specifications  is  not  required, shall submit with its bid a
      separate sealed list that names each subcontractor that the bidder  will
      use  to  perform  work on the contract, and the agreed-upon amount to be
      paid to each, for: a. plumbing and gas fitting, b.  steam  heating,  hot
      water  heating,  ventilating  and  air  conditioning  apparatus  and  c.
      electric wiring and standard illuminating fixtures. After the low bid is
      announced, the sealed list of subcontractors submitted with such low bid
      shall be opened and the names of such subcontractors shall be announced,
      and thereafter any change of subcontractor or agreed-upon amount  to  be
      paid  to  each  shall  require  the approval of the public owner, upon a
      showing presented to the public owner of  legitimate  construction  need
      for  such  change,  which shall be open to public inspection. Legitimate
      construction need shall include, but not be  limited  to,  a  change  in
      project  specifications,  a  change  in  construction  material costs, a
      change to subcontractor status as determined pursuant to  paragraph  (e)
      of  subdivision  two of section two hundred twenty-two of the labor law,
      or  the  subcontractor  has  become  otherwise  unwilling,   unable   or
      unavailable   to   perform   the   subcontract.   The  sealed  lists  of
      subcontractors submitted by all other bidders shall be returned to  them
      unopened after the contract award.
        3.  Nothing  in  this  section  shall be construed to prevent any such
      authority or municipality in charge of any such project from  performing
      any such branches of work by or through their regular employees.