2012 New York Consolidated Laws
PBB - Public Buildings
Article 2 - (2 - 24) 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  without the written approval of the comptroller. When a proposal
  consists of unit prices of items specified to be performed,  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.
    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.