Bidding Capital Construction Projects (8/90)
Every capital construction
project being bid by a public school district or BOCES must be approved by
the Commissioner before the project is advertised for bid. This is mandated
by Chapter 315 of the Laws of 1990 which Governor Cuomo signed June 30, 1990.
The law is effective immediately and applies to any project which is to be advertised,
or was advertised, after June 30, 1990. This means that the past practice of putting a project out to bid before receiving approval is no longer proper. Sufficient time for Department review and approval of plans and specifications (currently six to eight weeks) must now be allowed prior to advertising.
It is imperative that school authorities conform with this new law, not only because it is the law, but because contractors groups, which strongly supported passage, will be watching for anyone not in compliance. Any resulting litigation would unnecessarily extend the timeline and increase the costs for planned construction.