§ 8 — Contracts

§ 8. Contracts. 1. Whenever the commissioner of general services, in\naccordance with the provisions of this chapter, has caused to be\nprepared the drawings and specifications for the work of construction,\nreconstruction, alteration, repair or improvement of any state buildings\nsuch drawings and specifications shall be a part of the contract\ntherefor. Such drawings and specifications when prepared shall be filed\nin the office of the office of general services, and in the office of\nthe board, department, commission or officer having jurisdiction over\nsuch state buildings whether constructed or to be reconstructed, and the\noffice of the state comptroller at his request; and shall at all times\nbe open to public inspection. The department or other agency having such\njurisdiction shall adopt, modify or reject any such drawings and\nspecifications, and no such work shall be begun until the drawings and\nspecifications therefor have been adopted, but before the adoption\nthereof, the department or other agency having such jurisdiction shall\nsubmit the same to the board of visitors, if any, of the said department\nor other agency, in case such board of visitors is authorized by law to\nreview such drawings and specifications for the purposes of this\nsection, and shall allow such board of visitors a period of not more\nthan thirty days in which to submit a statement of their opinions and\nsuggestions in regard thereto.\n 2. The said department or other agency having jurisdiction shall,\nexcept as otherwise provided in this chapter, advertise for proposals\nfor such work of construction, reconstruction, alteration, repair or\nimprovement, or, upon the request of said department or other agency,\nthe commissioner of general services is authorized to advertise for and\nto receive and open such proposals for such work of construction,\nreconstruction, alteration, repair or improvement, and upon the opening\nof such proposals he shall, in appropriate cases, transmit to said\ndepartment or other agency a tabulation of such proposals. Except as\nprovided in section twenty of this chapter, such advertisement for\nproposals shall be printed in a newspaper published in the city of\nAlbany, and in such other newspaper or newspapers as will be most likely\nto give adequate notice to contractors of the work contemplated and of\nthe invitation to submit proposals therefor. Such advertisement shall be\npublished for such time and in such manner as shall be determined by the\ncommissioner of general services. Such advertisement shall be a public\nnotice which shall contain a brief description of the work of\nconstruction, reconstruction, alteration, repair or improvement, a\nreference to the drawings and specifications therefor and where they may\nbe seen and obtained, the time when and the place where the proposals\ninvited by such advertisement will be received, the requirement of a\ndeposit with the proposal, the requirement of a bond to accompany the\ncontract and in such amount as may be prescribed for the faithful\nperformance of the contract, and such other matters as the commissioner\nof general services may deem advisable.\n 3. Every proposal received by the said department or other agency or\nthe commissioner of general services, as the case may be, must be sealed\nand enclosed therewith the bidder shall deposit with the said department\nor other agency, or with the commissioner of general services, as the\ncase may be, such security as the commissioner of general services shall\ndetermine as a guarantee that the bidder will enter into the contract if\nit be awarded to him. Such security shall be returned as soon as\npracticable after the bid opening to all bidders other than the two\nlowest bidders. The security of the two lowest bidders shall be returned\nto each of them upon the execution of the contract and the bonds, if\nany, required by law for the performance of the work of a public\nimprovement for the state of New York or upon the rejection of all bids.\n 4. The said department or other agency or the commissioner of general\nservices, as the case may be, may (a) reject any or all proposals, (b)\nagain advertise for proposals, and (c) waive any informality in\nproposals, if the said department or other agency or official having\njurisdiction, deems the best interests of the state will be promoted\nthereby. No proposal shall be withdrawn or cancelled before the time\ndesignated for opening such proposals publicly, except upon such\nconditions as the said department or other agency or official having\njurisdiction, may deem to be necessary.\n 6. All contracts for amounts in excess of five thousand dollars for\nthe work of construction, reconstruction, alteration, repair or\nimprovement of any state building, whether constructed or to be\nconstructed must be offered for public bidding and may be awarded to the\nlowest responsible and reliable bidder, as will best promote the public\ninterest, by the said department or other agency with the approval of\nthe comptroller for the whole or any part of the work to be performed,\nand, in the discretion of the said department or other agency, such\ncontracts may be sublet; provided, however, that no such contract shall\nbe awarded to a bidder other than the lowest responsible and reliable\nbidder, except for certain contracts awarded to minority or women-owned\nbusiness enterprises as provided herein, without the written approval of\nthe comptroller. When a proposal consists of unit prices of items\nspecified to be performed, except for certain contracts awarded to\nminority or women-owned business enterprises as provided herein, the\nlowest bid shall be deemed to be that which specifically states the\nlowest gross sum for which the entire work will be performed, including\nall the items specified in the proposal thereof. The lowest bid shall be\ndetermined by the commissioner of general services on the basis of the\ngross sum for which the entire work will be performed, arrived at by a\ncorrect computation of all the items specified in the proposal therefor\nat the unit prices contained in the bid. Provided, however, that where a\nresponsible and reliable bidder certified as a minority-owned business\nenterprise or women-owned business enterprise pursuant to article\nfifteen-A of the executive law submits a bid of one million four hundred\nthousand dollars or less, as adjusted annually for inflation beginning\nJanuary first, two thousand twenty, the bid of the minority or\nwomen-owned business enterprise shall be deemed the lowest bid unless it\nexceeds the bid of the lowest bidder by more than ten percent.\n 7. All such contracts for the work of construction, reconstruction,\nalteration, repair or improvement of any such state building, shall\ncontain a clause that the contract shall only be deemed executory to the\nextent of the moneys available, and no liability shall be incurred by\nthe state beyond the moneys available for the purpose.\n