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DISCLAIMER

The information provided by our website is not legal advice. Although efforts are made to ensure that the information is correct, Associated Builders and Contractors, Inc. - Empire State Chapter will not be liable for any damages, direct or indirect, arising out of your use of the information provided at this site, or information provided at any other site that can be accessed from this site.
 


Legislative/PAC
NY Competitive Bidding Laws

1. General Municipal Law 103 (1) requires competitive bidding on all public contracts valued above $20,000, and for purchase contracts above $10,000. State Finance Law 174 (1) also provides for purchase contracts by competitive bidding where the value is $10,000 or more.

2. State Finance Law 135 (WICKS LAW) and General Municipal Law 101 (Art. 5-A) require separate prime contracts where the entire cost of the project exceeds $50,000. In addition to the general contract, separate specifications and bids are required for plumbing and gas fitting; HVAC (steam heating, hot water heating, ventilating and air conditioning apparatus); and electric wiring and standard illuminating fixtures. Exemptions from WICKS include the NYC School Construction Authority; and energy-saving retrofits under the Energy Law.

IF YOU ARE ASKED TO BID A CONTRACT WHICH VIOLATES THE WICKS LAW: Notify the owner or design professional (architect or engineer) that their specifications violate NY bidding laws requiring separate prime contracts on projects valued at more than $50,000. You may also contact your state legislator (Senator or Assemblyman) and ask that they contact the owner. You may also lodge a complaint with the NY Comptroller @ 518-474-4044.

The WICKS laws have become the subject of much debate, with both sides offering proof of the savings with and without the separate prime requirements. Organizations most in support of WICKS are the union IBEW, NECA, and the MCA. ABC is neutral on WICKS reform.

COPIES OF THE LAWS CITED ABOVE are available through the ABC Office (Government/NY Laws/Bidding Laws).


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