§ 163 — Contracts for services of state agencies

§ 163. Contracts for services of state agencies. 1. Notwithstanding\nany inconsistent provision of law, general, special or local, the state\nand any department, bureau, board, commission, authority, or any other\nagency or instrumentality of the state, are hereby severally authorized\nand empowered, subject to the approval of the governor, to enter into\nany contract or agreement for the production of any goods, materials, or\nequipment or the processing, reprocessing, altering or repair thereof,\ndeemed by the governor necessary or desirable to effectuate postwar\nadjustments or defense effort, upon such terms and conditions as he may\napprove.\n 2. Such contract or agreement may be made only with the United States\nof America, or any office, department, agency or instrumentality\nthereof, or with any person, firm or corporation engaged in the\nproduction or supply of any goods, materials or equipment or the\nprocessing, reprocessing, altering or repair thereof, for or for use,\ndirectly or indirectly, by the United States of America, or any of its\nagencies.\n 3. In the performance of any such contract or agreement any such\ndepartment, bureau, board, commission, authority, or any other such\nagency or instrumentality of the state, is hereby authorized and\nempowered to use any of the real or personal property of the state,\nunder its control and supervision and temporarily to employ or transfer\nany of its personnel.\n 4. The making or performance of any such contract or agreement shall\nin no wise be deemed to affect or result in the impairment, diminution\nor abridgment of the compensation, or any of the civil service,\nretirement and other rights, privileges and immunities of any employee\nengaged in the performance of any service thereunder.\n 5. Any such contract or agreement shall provide for payment to the\nstate of compensation, price or other consideration which in no wise\nshall be less than the compensation, price or other consideration\ngenerally obtainable by private persons, firms or corporations for the\nperformance of similar contracts or agreements, provided the same is\nreasonably ascertainable.\n 6. All moneys received on account of any contracts or agreements made\npursuant to this section or pursuant to the provisions of section\nfifty-two-a of the New York state war emergency act prior to the repeal\nthereof shall be received by the state and deposited in the special fund\nprovided for in section ninety-seven-a of the state finance law. The\nmoneys in such fund may be expended and used to defray the expenses\nincidental to such contract or agreement in accordance with the terms\nand conditions of such contract or agreement and to reimburse the\ngeneral fund of the state for any expenditures made in the first\ninstance for such purposes. Such moneys shall be paid out of such fund\non vouchers approved by the head of the department or agency, to which\nany moneys may be allocated by the director of the budget, after audit\nby and upon warrant of the comptroller.\n