N.Y. Executive Law § 163: Contracts for services of state agencies

§ 163. Contracts for services of state agencies. 1. Notwithstanding

any inconsistent provision of law, general, special or local, the state

and any department, bureau, board, commission, authority, or any other

agency or instrumentality of the state, are hereby severally authorized

and empowered, subject to the approval of the governor, to enter into

any contract or agreement for the production of any goods, materials, or

equipment or the processing, reprocessing, altering or repair thereof,

deemed by the governor necessary or desirable to effectuate postwar

adjustments or defense effort, upon such terms and conditions as he may

approve.

2. Such contract or agreement may be made only with the United States

of America, or any office, department, agency or instrumentality

thereof, or with any person, firm or corporation engaged in the

production or supply of any goods, materials or equipment or the

processing, reprocessing, altering or repair thereof, for or for use,

directly or indirectly, by the United States of America, or any of its

agencies.

3. In the performance of any such contract or agreement any such

department, bureau, board, commission, authority, or any other such

agency or instrumentality of the state, is hereby authorized and

empowered to use any of the real or personal property of the state,

under its control and supervision and temporarily to employ or transfer

any of its personnel.

4. The making or performance of any such contract or agreement shall

in no wise be deemed to affect or result in the impairment, diminution

or abridgment of the compensation, or any of the civil service,

retirement and other rights, privileges and immunities of any employee

engaged in the performance of any service thereunder.

5. Any such contract or agreement shall provide for payment to the

state of compensation, price or other consideration which in no wise

shall be less than the compensation, price or other consideration

generally obtainable by private persons, firms or corporations for the

performance of similar contracts or agreements, provided the same is

reasonably ascertainable.

6. All moneys received on account of any contracts or agreements made

pursuant to this section or pursuant to the provisions of section

fifty-two-a of the New York state war emergency act prior to the repeal

thereof shall be received by the state and deposited in the special fund

provided for in section ninety-seven-a of the state finance law. The

moneys in such fund may be expended and used to defray the expenses

incidental to such contract or agreement in accordance with the terms

and conditions of such contract or agreement and to reimburse the

general fund of the state for any expenditures made in the first

instance for such purposes. Such moneys shall be paid out of such fund

on vouchers approved by the head of the department or agency, to which

any moneys may be allocated by the director of the budget, after audit

by and upon warrant of the comptroller.