NY Pub Bldgs L § 8 (2021)
2021 New York Laws PBB - Public Buildings Article 2 - Commissioner of General Services 8 - Contracts.

§ 8. Contracts.  1.  Whenever the commissioner of general services, in   accordance with the  provisions  of  this  chapter,  has  caused  to  be   prepared  the  drawings and specifications for the work of construction,   reconstruction, alteration, repair or improvement of any state buildings   such drawings and  specifications  shall  be  a  part  of  the  contract   therefor.  Such drawings and specifications when prepared shall be filed   in the office of the office of general services, and in  the  office  of   the  board,  department,  commission or officer having jurisdiction over   such state buildings whether constructed or to be reconstructed, and the   office of the state comptroller at his request; and shall at  all  times   be open to public inspection. The department or other agency having such   jurisdiction  shall  adopt,  modify  or  reject  any  such  drawings and   specifications, and no such work shall be begun until the  drawings  and   specifications  therefor  have  been  adopted,  but  before the adoption   thereof, the department or other agency having such  jurisdiction  shall   submit the same to the board of visitors, if any, of the said department   or  other agency, in case such board of visitors is authorized by law to   review such  drawings  and  specifications  for  the  purposes  of  this   section,  and  shall  allow  such board of visitors a period of not more   than thirty days in which to submit a statement of  their  opinions  and   suggestions in regard thereto.2.  The  said  department  or  other agency having jurisdiction shall,   except as otherwise provided in this chapter,  advertise  for  proposals   for  such  work  of  construction, reconstruction, alteration, repair or   improvement, or, upon the request of said department  or  other  agency,   the  commissioner of general services is authorized to advertise for and   to receive and open  such  proposals  for  such  work  of  construction,   reconstruction,  alteration, repair or improvement, and upon the opening   of such proposals he shall,  in  appropriate  cases,  transmit  to  said   department  or  other  agency  a tabulation of such proposals. Except as   provided in section twenty  of  this  chapter,  such  advertisement  for   proposals  shall  be  printed  in  a  newspaper published in the city of   Albany, and in such other newspaper or newspapers as will be most likely   to give adequate notice to contractors of the work contemplated  and  of   the invitation to submit proposals therefor. Such advertisement shall be   published for such time and in such manner as shall be determined by the   commissioner  of  general services. Such advertisement shall be a public   notice  which  shall  contain  a  brief  description  of  the  work   of   construction,  reconstruction,  alteration,  repair  or  improvement,  a   reference to the drawings and specifications therefor and where they may   be seen and obtained, the time when and the place  where  the  proposals   invited  by  such  advertisement  will be received, the requirement of a   deposit with the proposal, the requirement of a bond  to  accompany  the   contract  and  in  such  amount  as  may  be prescribed for the faithful   performance of the contract, and such other matters as the  commissioner   of general services may deem advisable.3.  Every  proposal received by the said department or other agency or   the commissioner of general services, as the case may be, must be sealed   and enclosed therewith the bidder shall deposit with the said department   or other agency, or with the commissioner of general  services,  as  the   case may be, such security as the commissioner of general services shall   determine as a guarantee that the bidder will enter into the contract if   it  be  awarded  to  him.  Such  security  shall  be returned as soon as   practicable after the bid opening to all  bidders  other  than  the  two   lowest bidders. The security of the two lowest bidders shall be returned   to  each  of  them  upon the execution of the contract and the bonds, if   any, required by law for  the  performance  of  the  work  of  a  public   improvement for the state of New York or upon the rejection of all bids. 4.  The said department or other agency or the commissioner of general   services, as the case may be, may (a) reject any or all  proposals,  (b)   again  advertise  for  proposals,  and  (c)  waive  any  informality  in   proposals, if the said department or other  agency  or  official  having   jurisdiction,  deems  the  best  interests of the state will be promoted   thereby. No proposal shall be withdrawn or  cancelled  before  the  time   designated  for  opening  such  proposals  publicly,  except  upon  such   conditions as the said department or other  agency  or  official  having   jurisdiction, may deem to be necessary.6.  All  contracts  for amounts in excess of five thousand dollars for   the  work  of  construction,  reconstruction,  alteration,   repair   or   improvement  of  any  state  building,  whether  constructed  or  to  be   constructed must be offered for public bidding and may be awarded to the   lowest responsible and reliable bidder, as will best promote the  public   interest,  by  the  said department or other agency with the approval of   the comptroller for the whole or any part of the work to  be  performed,   and,  in  the  discretion  of  the said department or other agency, such   contracts may be sublet; provided, however, that no such contract  shall   be  awarded  to  a bidder other than the lowest responsible and reliable   bidder, except for certain contracts awarded to minority or  women-owned   business enterprises as provided herein, without the written approval of   the  comptroller.  When  a  proposal  consists  of  unit prices of items   specified to be performed,  except  for  certain  contracts  awarded  to   minority  or  women-owned  business  enterprises as provided herein, the   lowest bid shall be deemed to be  that  which  specifically  states  the   lowest  gross sum for which the entire work will be performed, including   all the items specified in the proposal thereof. The lowest bid shall be   determined by the commissioner of general services on the basis  of  the   gross  sum  for which the entire work will be performed, arrived at by a   correct computation of all the items specified in the proposal  therefor   at the unit prices contained in the bid. Provided, however, that where a   responsible  and  reliable bidder certified as a minority-owned business   enterprise  or  women-owned  business  enterprise  pursuant  to  article   fifteen-A of the executive law submits a bid of one million four hundred   thousand  dollars  or less, as adjusted annually for inflation beginning   January  first,  two  thousand  twenty,  the  bid  of  the  minority  or   women-owned business enterprise shall be deemed the lowest bid unless it   exceeds the bid of the lowest bidder by more than ten percent.7.  All  such  contracts for the work of construction, reconstruction,   alteration, repair or improvement of  any  such  state  building,  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.