§ 5 — Proposals for legislative printing

§ 5. Proposals for legislative printing. 1. The commissioner shall\ngive adequate notice that he will, at a time and place stated therein,\nreceive sealed proposals for the legislative printing, the work to be\nperformed as prescribed by law and in the notice published by said\ncommissioner. Said commissioner shall compile the various terms,\nconditions and specifications for the legislative printing, except that\nas such specifications relate to the paper required for printing they\nshall be in accordance with those established pursuant to section one\nhundred sixty-four of the state finance law and shall invite all bids\nand let all contracts thereon and the same shall constitute each said\ncontract. A copy of such requirements, when prepared, shall be filed in\nthe office of said commissioner and shall be open to public inspection\nat all times.\n 2. The requirements for said legislative printing shall include the\nitems set forth in subdivisions two and three of section four of this\nchapter and such items shall be placed in one group to be awarded in one\ncontract and must set forth in such detail as will adequately inform the\nproposing bidders of the nature, kind, quality and quantity thereof, and\ncopies of such requirements shall be delivered to all bona fide\napplicants therefor, and at the time when and place where bids are to be\nreceived in the manner herein provided the commissioner shall publicly\nopen the bids received and record them without any change, correction or\naddition whatever. Notwithstanding the foregoing provisions of this\nsubdivision, the commissioner may, upon approval of the temporary\npresident of the senate and the speaker of the assembly, or a\nlegislative employee designated by each legislative leader in the case\nof legislative printing for the legislature, and acting alone in the\ncase of legislative printing for the executive, subdivide into two or\nmore groups the work embraced in legislative printing and award separate\nand distinct contracts for each such group or any combination thereof\nfor any period not exceeding fifty months, as the commissioner shall\ndeem in the best interests of the state. The provisions of subdivision\nten of this section shall specifically apply to the legislative printing\nof the state of New York legislative digest and the provisions of\nsubdivision eleven of this section shall specifically apply to all other\nitems of legislative printing for the legislature covered by subdivision\ntwo of section four of this article.\n 3. No bids shall be withdrawn or cancelled, but the commissioner may\nreject any bids which do not conform to the specifications and to his\nrules and regulations, and may in any case, but in the case of\nlegislative printing for the legislature only after timely written\nnotice to and approval by the temporary president of the senate and the\nspeaker of the assembly or legislative employee designated by them,\nreject all bids and again advertise for bids in the manner herein\nprovided. The commissioner may discriminate in favor of any such bid as\nhe may deem most favorable to the state, if in his opinion the interests\nof the state will be promoted thereby.\n 4. Every bid received must be a sealed bid, and the bidding\nrequirements may include a provision for adequate guaranty that a bidder\nwill enter into the contract if it shall be awarded to him. Notice of\nthe requirement of such guaranty shall be embodied in the public notice\nfor such letting, and such notice shall also require, and each contract\nshall provide, for the giving of a bond in such amount as shall be\nprescribed, conditioned for the faithful performance of the contract.\n 5. No contract for legislative printing for the legislature shall be\nawarded to any bidder until the temporary president of the senate and\nspeaker of the assembly shall have been advised by the commissioner of\nhis findings and recommendations with respect to each bidder and bid\nproposal thereon, including the bidders ability to properly perform said\ncontract nor except as the temporary president of the senate and the\nspeaker of the assembly shall have directed.\n 6. The contract when awarded shall be forthwith filed in the offices\nof the comptroller, the temporary president of the senate and speaker of\nthe assembly.\n 7. A contract awarded pursuant to this section may in any case upon\nwritten consent of the commissioner, and in the case of printing for the\nlegislature, with the written consent of the temporary president of the\nsenate and speaker of the assembly, or a legislative employee designated\nby them, in consultation with the commissioner, subject to the\nprovisions of section one hundred thirty-eight of the state finance law,\nbe assigned or sublet, but, in such event, the assignee or subcontractor\nmay be required to give a bond in such amount as the commissioner shall\nprescribe, conditioned for the faithful performance of the contract\nassigned or the portion of the contract sublet, as the case may be.\n 8. The failure of the commissioner to give notice to, include any\nrequirement of or secure approval from the temporary president of the\nsenate or the speaker of the assembly or their designee, as the case may\nbe, as required by any of the provisions of this section or of\nsubdivision two of section four of this chapter shall not give rise to\nany cause of action or right to relief by any bidder, prospective\nbidder, contractor or prospective contractor or other third party but\nsuch failure may, prior to ratification by them and at the option of\nsuch legislative leaders, be revoked to invalidate any executory\nagreement arising therefrom and subsequent thereto.\n 9. In the case of any printing authorized by this section, or of any\nprinting hereafter authorized by resolution of either branch of the\nlegislature or by a concurrent resolution thereof, no extra charge shall\nbe made except for extra paper or work beyond that required by the terms\nof the contract actually furnished with the approval of the comptroller,\nand for such extra paper and work the charge allowed shall not exceed\nthe current market rates. Composition shall not be charged a second time\nby the same contractor on matter printed from type already set or\nnegatives or plates made at state expense, but suitable allowance may be\nmade for handling of plates and reimposing negatives or type forms. In\nall work requiring engraving and in all cases where illustrations are\nused, the dies, plates and engravings shall forthwith become the\nproperty of the state, and thereafter no charge shall be made for their\nsubsequent use, except a suitable allowance may be made for the handling\nof the plates. In all work manufactured by the process of lithography or\nphoto composition, the artwork, camera ready mechanicals, and negatives\nshall forthwith become the property of the state.\n 10. (a) The printing, publication and distribution of the state of New\nYork legislative digest shall be done under contract as hereinafter\nprovided. All provisions of this article relating to legislative\nprinting for the legislature which are not inconsistent with the\nprovisions of this subdivision shall apply to the letting of a contract\nhereunder.\n (b) Said contract shall be let under the direction of the commissioner\nseparately from any other contract which is let under this article for\nlegislative printing for the legislature. Upon the written request of\nthe temporary president of the senate and the speaker of the assembly or\ntheir designees the commissioner may delegate the administration of any\ncontract let under this subdivision to the commissioners of the\nlegislative bill drafting commission.\n (c) Each contract let under this subdivision shall commence on the\nfifteenth day of November of an even-numbered year and shall be for a\nterm of either two or four annual sessions of the legislature. The\ntemporary president of the senate and the speaker of the assembly or\ntheir designees shall provide the commissioner with a written direction\nwith respect to the length of the term of the contract. Each such\ncontract shall terminate on the third or fifth thirty-first day of\nDecember after its commencement, as the case may be, except that any\nduty, function or obligation performable during the last year of such\ncontract may be completed after its termination. Any contract which\nprovides for a term of only two annual sessions of the legislature may\nprovide the commissioner with an option to extend the term thereof for\nan additional period covering the next succeeding two annual sessions of\nthe legislature. The commissioner shall exercise such option on behalf\nof the legislature upon written direction provided to him by the\nhereinbefore referred to legislative leaders or their designees.\nExtension of the contract pursuant to the exercise of such option shall\nbe upon the mutual agreement of the parties, provided that the\nprovisions of any contract which contains such an option shall\nspecifically include a predetermined mechanism, whether set out in\nspecific monetary terms or by application of a prescribed formula or\nformulae, whereby the parties shall be able to ascertain the\ncompensation to be paid by the state to the contractor or by the\ncontractor to the state, if any, and the maximum dollar amount of\nsubscription rates which the contractor may impose for the sale of the\nstate of New York legislative digest to all subscribers other than the\nlegislature during each year occurring during the extension of the\ncontract. Such predetermined mechanism shall be a part of the request\nfor proposals and may be specifically set forth in such request or may\nbe the subject of vendor bidding.\n 11. (a) The legislative printing for the legislature of the items\nspecified in subdivision two of section four of this article, other than\nthe state of New York legislative digest, shall be done under contract\nas hereinafter provided. All provisions of this article relating to\nlegislative printing for the legislature which are not inconsistent with\nthe provisions of this subdivision shall apply to the letting of a\ncontract hereunder.\n (b) Said contract shall be let under the direction of the commissioner\nseparately from any other contract which is let under this article for\nlegislative printing for the legislature pursuant to subdivision ten of\nthis section. Upon the written request of the temporary president of the\nsenate and the speaker of the assembly or their designees the\ncommissioner may delegate the administration of any contract let under\nthis subdivision to the commissioners of the legislative bill drafting\ncommission.\n (c) Each contract let under this subdivision shall commence on the\nfifteenth day of November of an even-numbered year and shall be for a\nterm of either two or four annual sessions of the legislature. The\ntemporary president of the senate and the speaker of the assembly or\ntheir designees shall provide the commissioner with a written direction\nwith respect to the length of the term of the contract. Each such\ncontract shall terminate on the third or fifth thirty-first day of\nDecember after its commencement, as the case may be, except that any\nduty, function or obligation performable during the last year of such\ncontract may be completed after its termination. Any contract which\nprovides for a term of only two annual sessions of the legislature may\nprovide the commissioner with an option to extend the term thereof for\nan additional period covering the next succeeding two annual sessions of\nthe legislature. The commissioner shall exercise such option on behalf\nof the legislature upon written direction provided to him by the\nhereinbefore referred to legislative leaders or their designees.\nExtension of the contract pursuant to the exercise of such option shall\nbe upon the mutual agreement of the parties, provided that the\nprovisions of any contract which contains such an option shall\nspecifically include a predetermined mechanism, whether set out in\nspecific monetary terms or by application of a prescribed formula or\nformulae, whereby the parties shall be able to ascertain the\ncompensation to be paid by the state to the contractor or by the\ncontractor to the state, if any. Such predetermined mechanism shall be a\npart of the bid and may be specifically set forth in such bid.\n