NY State Print & Pub Docs L § 5 (2021)
2021 New York Laws PPD - New York State Printing and Public Documents Article 2 - General Provisions 5 - Proposals for Legislative Printing.

§  5.  Proposals  for  legislative printing. 1. The commissioner shall give adequate notice that he will, at a time and place  stated  therein, receive  sealed  proposals  for the legislative printing, the work to be performed as prescribed by law and  in  the  notice  published  by  said commissioner.   Said  commissioner  shall  compile  the  various  terms, conditions and specifications for the legislative printing, except  that as  such  specifications  relate to the paper required for printing they shall be in accordance with those established pursuant  to  section  one hundred  sixty-four  of  the state finance law and shall invite all bids and let all contracts thereon and the same shall  constitute  each  said contract.  A copy of such requirements, when prepared, shall be filed in the office of said commissioner and shall be open to  public  inspection at all times.   2.  The  requirements  for said legislative printing shall include the items set forth in subdivisions two and three of section  four  of  this chapter and such items shall be placed in one group to be awarded in one contract and must set forth in such detail as will adequately inform the proposing bidders of the nature, kind, quality and quantity thereof, and copies  of  such  requirements  shall  be  delivered  to  all  bona fide applicants therefor, and at the time when and place where bids are to be received in the manner herein provided the commissioner  shall  publicly open the bids received and record them without any change, correction or addition  whatever.  Notwithstanding  the  foregoing  provisions of this subdivision, the  commissioner  may,  upon  approval  of  the  temporary president  of  the  senate  and  the  speaker  of  the  assembly,  or  a legislative employee designated by each legislative leader in  the  case of  legislative  printing  for  the legislature, and acting alone in the case of legislative printing for the executive, subdivide  into  two  or more groups the work embraced in legislative printing and award separate and  distinct  contracts  for each such group or any combination thereof for any period not exceeding fifty months,  as  the  commissioner  shall deem  in  the best interests of the state. The provisions of subdivision ten of this section shall specifically apply to the legislative printing of the state of New  York  legislative  digest  and  the  provisions  of subdivision eleven of this section shall specifically apply to all other items of legislative printing for the legislature covered by subdivision two of section four of this article.   3.  No  bids shall be withdrawn or cancelled, but the commissioner may reject any bids which do not conform to the specifications  and  to  his rules  and  regulations,  and  may  in  any  case,  but  in  the case of legislative printing for  the  legislature  only  after  timely  written notice  to and approval by the temporary president of the senate and the speaker of the assembly or  legislative  employee  designated  by  them, reject  all  bids  and  again  advertise  for  bids in the manner herein provided. The commissioner may discriminate in favor of any such bid  as he may deem most favorable to the state, if in his opinion the interests of the state will be promoted thereby.   4.  Every  bid  received  must  be  a  sealed  bid,  and  the  bidding requirements may include a provision for adequate guaranty that a bidder will enter into the contract if it shall be awarded to  him.  Notice  of the  requirement of such guaranty shall be embodied in the public notice for such letting, and such notice shall also require, and each  contract shall  provide,  for  the  giving  of  a bond in such amount as shall be prescribed, conditioned for the faithful performance of the contract.   5. No contract for legislative printing for the legislature  shall  be awarded  to  any  bidder until the temporary president of the senate and speaker of the assembly shall have been advised by the  commissioner  of his  findings  and  recommendations  with respect to each bidder and bid  proposal thereon, including the bidders ability to properly perform said contract nor except as the temporary president of  the  senate  and  the speaker of the assembly shall have directed.   6.  The  contract when awarded shall be forthwith filed in the offices of the comptroller, the temporary president of the senate and speaker of the assembly.   7. A contract awarded pursuant to this section may in  any  case  upon written consent of the commissioner, and in the case of printing for the legislature,  with the written consent of the temporary president of the senate and speaker of the assembly, or a legislative employee designated by  them,  in  consultation  with  the  commissioner,  subject  to   the provisions of section one hundred thirty-eight of the state finance law, be assigned or sublet, but, in such event, the assignee or subcontractor may  be required to give a bond in such amount as the commissioner shall prescribe, conditioned for the  faithful  performance  of  the  contract assigned or the portion of the contract sublet, as the case may be.   8.  The  failure  of  the  commissioner to give notice to, include any requirement of or secure approval from the temporary  president  of  the senate or the speaker of the assembly or their designee, as the case may be,  as  required  by  any  of  the  provisions  of  this  section or of subdivision two of section four of this chapter shall not give  rise  to any  cause  of  action  or  right  to  relief by any bidder, prospective bidder, contractor or prospective contractor or other  third  party  but such  failure  may,  prior  to ratification by them and at the option of such  legislative  leaders,  be  revoked  to  invalidate  any  executory agreement arising therefrom and subsequent thereto.   9.  In  the case of any printing authorized by this section, or of any printing hereafter authorized by resolution  of  either  branch  of  the legislature or by a concurrent resolution thereof, no extra charge shall be made except for extra paper or work beyond that required by the terms of the contract actually furnished with the approval of the comptroller, and  for  such  extra paper and work the charge allowed shall not exceed the current market rates. Composition shall not be charged a second time by the same contractor on  matter  printed  from  type  already  set  or negatives or plates made at state expense, but suitable allowance may be made  for  handling of plates and reimposing negatives or type forms. In all work requiring engraving and in all cases  where  illustrations  are used,  the  dies,  plates  and  engravings  shall  forthwith  become the property of the state, and thereafter no charge shall be made for  their subsequent use, except a suitable allowance may be made for the handling of the plates. In all work manufactured by the process of lithography or photo  composition, the artwork, camera ready mechanicals, and negatives shall forthwith become the property of the state.   10. (a) The printing, publication and distribution of the state of New York legislative digest shall be  done  under  contract  as  hereinafter provided.  All  provisions  of  this  article  relating  to  legislative printing for  the  legislature  which  are  not  inconsistent  with  the provisions  of this subdivision shall apply to the letting of a contract hereunder.  (b) Said contract shall be let under the direction of the commissioner separately from any other contract which is let under this  article  for legislative  printing  for  the legislature. Upon the written request of the temporary president of the senate and the speaker of the assembly or their designees the commissioner may delegate the administration of  any contract  let  under  this  subdivision  to  the  commissioners  of  the legislative bill drafting commission.  (c) Each contract let under this subdivision  shall  commence  on  the fifteenth  day  of  November of an even-numbered year and shall be for a  term of either two or four  annual  sessions  of  the  legislature.  The temporary  president  of  the  senate and the speaker of the assembly or their designees shall provide the commissioner with a written  direction with  respect  to  the  length  of  the  term of the contract. Each such contract shall terminate on the  third  or  fifth  thirty-first  day  of December  after  its  commencement,  as the case may be, except that any duty, function or obligation performable during the last  year  of  such contract  may  be  completed  after  its termination. Any contract which provides for a term of only two annual sessions of the  legislature  may provide  the  commissioner with an option to extend the term thereof for an additional period covering the next succeeding two annual sessions of the legislature. The commissioner shall exercise such option  on  behalf of  the  legislature  upon  written  direction  provided  to  him by the hereinbefore  referred  to  legislative  leaders  or  their   designees. Extension  of the contract pursuant to the exercise of such option shall be  upon  the  mutual  agreement  of  the  parties,  provided  that  the provisions   of  any  contract  which  contains  such  an  option  shall specifically include a  predetermined  mechanism,  whether  set  out  in specific  monetary  terms  or  by application of a prescribed formula or formulae,  whereby  the  parties  shall  be  able   to   ascertain   the compensation  to  be  paid  by  the  state  to  the contractor or by the contractor to the state, if  any,  and  the  maximum  dollar  amount  of subscription  rates  which the contractor may impose for the sale of the state of New York legislative digest to all subscribers other  than  the legislature  during  each  year  occurring  during  the extension of the contract. Such predetermined mechanism shall be a part  of  the  request for  proposals  and may be specifically set forth in such request or may be the subject of vendor bidding.   11. (a) The legislative printing for  the  legislature  of  the  items specified in subdivision two of section four of this article, other than the  state  of New York legislative digest, shall be done under contract as hereinafter provided. All provisions  of  this  article  relating  to legislative printing for the legislature which are not inconsistent with the  provisions  of  this  subdivision  shall  apply to the letting of a contract hereunder.  (b) Said contract shall be let under the direction of the commissioner separately from any other contract which is let under this  article  for legislative  printing for the legislature pursuant to subdivision ten of this section. Upon the written request of the temporary president of the senate  and  the  speaker  of  the  assembly  or  their  designees   the commissioner  may  delegate the administration of any contract let under this subdivision to the commissioners of the legislative  bill  drafting commission.  (c)  Each  contract  let  under this subdivision shall commence on the fifteenth day of November of an even-numbered year and shall  be  for  a term  of  either  two  or  four  annual sessions of the legislature. The temporary president of the senate and the speaker  of  the  assembly  or their  designees shall provide the commissioner with a written direction with respect to the length of  the  term  of  the  contract.  Each  such contract  shall  terminate  on  the  third  or fifth thirty-first day of December after its commencement, as the case may  be,  except  that  any duty,  function  or  obligation performable during the last year of such contract may be completed after  its  termination.  Any  contract  which provides  for  a term of only two annual sessions of the legislature may provide the commissioner with an option to extend the term  thereof  for an additional period covering the next succeeding two annual sessions of the  legislature.  The commissioner shall exercise such option on behalf of the legislature  upon  written  direction  provided  to  him  by  the  hereinbefore   referred  to  legislative  leaders  or  their  designees. Extension of the contract pursuant to the exercise of such option  shall be  upon  the  mutual  agreement  of  the  parties,  provided  that  the provisions   of  any  contract  which  contains  such  an  option  shall specifically include a  predetermined  mechanism,  whether  set  out  in specific  monetary  terms  or  by application of a prescribed formula or formulae,  whereby  the  parties  shall  be  able   to   ascertain   the compensation  to  be  paid  by  the  state  to  the contractor or by the contractor to the state, if any. Such predetermined mechanism shall be a part of the bid and may be specifically set forth in such bid.