2023 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.