N.Y. New York State Printing and Public Documents Law § 5: Proposals for legislative printing

§ 5. Proposals for legislative printing. 1. The commissioner shall

give adequate notice that he will, at a time and place stated therein,

receive sealed proposals for the legislative printing, the work to be

performed as prescribed by law and in the notice published by said

commissioner. Said commissioner shall compile the various terms,

conditions and specifications for the legislative printing, except that

as such specifications relate to the paper required for printing they

shall be in accordance with those established pursuant to section one

hundred sixty-four of the state finance law and shall invite all bids

and let all contracts thereon and the same shall constitute each said

contract. A copy of such requirements, when prepared, shall be filed in

the office of said commissioner and shall be open to public inspection

at all times.

2. The requirements for said legislative printing shall include the

items set forth in subdivisions two and three of section four of this

chapter and such items shall be placed in one group to be awarded in one

contract and must set forth in such detail as will adequately inform the

proposing bidders of the nature, kind, quality and quantity thereof, and

copies of such requirements shall be delivered to all bona fide

applicants therefor, and at the time when and place where bids are to be

received in the manner herein provided the commissioner shall publicly

open the bids received and record them without any change, correction or

addition whatever. Notwithstanding the foregoing provisions of this

subdivision, the commissioner may, upon approval of the temporary

president of the senate and the speaker of the assembly, or a

legislative employee designated by each legislative leader in the case

of legislative printing for the legislature, and acting alone in the

case of legislative printing for the executive, subdivide into two or

more groups the work embraced in legislative printing and award separate

and distinct contracts for each such group or any combination thereof

for any period not exceeding fifty months, as the commissioner shall

deem in the best interests of the state. The provisions of subdivision

ten of this section shall specifically apply to the legislative printing

of the state of New York legislative digest and the provisions of

subdivision eleven of this section shall specifically apply to all other

items of legislative printing for the legislature covered by subdivision

two of section four of this article.

3. No bids shall be withdrawn or cancelled, but the commissioner may

reject any bids which do not conform to the specifications and to his

rules and regulations, and may in any case, but in the case of

legislative printing for the legislature only after timely written

notice to and approval by the temporary president of the senate and the

speaker of the assembly or legislative employee designated by them,

reject all bids and again advertise for bids in the manner herein

provided. The commissioner may discriminate in favor of any such bid as

he may deem most favorable to the state, if in his opinion the interests

of the state will be promoted thereby.

4. Every bid received must be a sealed bid, and the bidding

requirements may include a provision for adequate guaranty that a bidder

will enter into the contract if it shall be awarded to him. Notice of

the requirement of such guaranty shall be embodied in the public notice

for such letting, and such notice shall also require, and each contract

shall provide, for the giving of a bond in such amount as shall be

prescribed, conditioned for the faithful performance of the contract.

5. No contract for legislative printing for the legislature shall be

awarded to any bidder until the temporary president of the senate and

speaker of the assembly shall have been advised by the commissioner of

his findings and recommendations with respect to each bidder and bid

proposal thereon, including the bidders ability to properly perform said

contract nor except as the temporary president of the senate and the

speaker of the assembly shall have directed.

6. The contract when awarded shall be forthwith filed in the offices

of the comptroller, the temporary president of the senate and speaker of

the assembly.

7. A contract awarded pursuant to this section may in any case upon

written consent of the commissioner, and in the case of printing for the

legislature, with the written consent of the temporary president of the

senate and speaker of the assembly, or a legislative employee designated

by them, in consultation with the commissioner, subject to the

provisions of section one hundred thirty-eight of the state finance law,

be assigned or sublet, but, in such event, the assignee or subcontractor

may be required to give a bond in such amount as the commissioner shall

prescribe, conditioned for the faithful performance of the contract

assigned or the portion of the contract sublet, as the case may be.

8. The failure of the commissioner to give notice to, include any

requirement of or secure approval from the temporary president of the

senate or the speaker of the assembly or their designee, as the case may

be, as required by any of the provisions of this section or of

subdivision two of section four of this chapter shall not give rise to

any cause of action or right to relief by any bidder, prospective

bidder, contractor or prospective contractor or other third party but

such failure may, prior to ratification by them and at the option of

such legislative leaders, be revoked to invalidate any executory

agreement arising therefrom and subsequent thereto.

9. In the case of any printing authorized by this section, or of any

printing hereafter authorized by resolution of either branch of the

legislature or by a concurrent resolution thereof, no extra charge shall

be made except for extra paper or work beyond that required by the terms

of the contract actually furnished with the approval of the comptroller,

and for such extra paper and work the charge allowed shall not exceed

the current market rates. Composition shall not be charged a second time

by the same contractor on matter printed from type already set or

negatives or plates made at state expense, but suitable allowance may be

made for handling of plates and reimposing negatives or type forms. In

all work requiring engraving and in all cases where illustrations are

used, the dies, plates and engravings shall forthwith become the

property of the state, and thereafter no charge shall be made for their

subsequent use, except a suitable allowance may be made for the handling

of the plates. In all work manufactured by the process of lithography or

photo composition, the artwork, camera ready mechanicals, and negatives

shall forthwith become the property of the state.

10. (a) The printing, publication and distribution of the state of New

York legislative digest shall be done under contract as hereinafter

provided. All provisions of this article relating to legislative

printing for the legislature which are not inconsistent with the

provisions of this subdivision shall apply to the letting of a contract

hereunder.

(b) Said contract shall be let under the direction of the commissioner

separately from any other contract which is let under this article for

legislative printing for the legislature. Upon the written request of

the temporary president of the senate and the speaker of the assembly or

their designees the commissioner may delegate the administration of any

contract let under this subdivision to the commissioners of the

legislative bill drafting commission.

(c) Each contract let under this subdivision shall commence on the

fifteenth day of November of an even-numbered year and shall be for a

term of either two or four annual sessions of the legislature. The

temporary president of the senate and the speaker of the assembly or

their designees shall provide the commissioner with a written direction

with respect to the length of the term of the contract. Each such

contract shall terminate on the third or fifth thirty-first day of

December after its commencement, as the case may be, except that any

duty, function or obligation performable during the last year of such

contract may be completed after its termination. Any contract which

provides for a term of only two annual sessions of the legislature may

provide the commissioner with an option to extend the term thereof for

an additional period covering the next succeeding two annual sessions of

the legislature. The commissioner shall exercise such option on behalf

of the legislature upon written direction provided to him by the

hereinbefore referred to legislative leaders or their designees.

Extension of the contract pursuant to the exercise of such option shall

be upon the mutual agreement of the parties, provided that the

provisions of any contract which contains such an option shall

specifically include a predetermined mechanism, whether set out in

specific monetary terms or by application of a prescribed formula or

formulae, whereby the parties shall be able to ascertain the

compensation to be paid by the state to the contractor or by the

contractor to the state, if any, and the maximum dollar amount of

subscription rates which the contractor may impose for the sale of the

state of New York legislative digest to all subscribers other than the

legislature during each year occurring during the extension of the

contract. Such predetermined mechanism shall be a part of the request

for proposals and may be specifically set forth in such request or may

be the subject of vendor bidding.

11. (a) The legislative printing for the legislature of the items

specified in subdivision two of section four of this article, other than

the state of New York legislative digest, shall be done under contract

as hereinafter provided. All provisions of this article relating to

legislative printing for the legislature which are not inconsistent with

the provisions of this subdivision shall apply to the letting of a

contract hereunder.

(b) Said contract shall be let under the direction of the commissioner

separately from any other contract which is let under this article for

legislative printing for the legislature pursuant to subdivision ten of

this section. Upon the written request of the temporary president of the

senate and the speaker of the assembly or their designees the

commissioner may delegate the administration of any contract let under

this subdivision to the commissioners of the legislative bill drafting

commission.

(c) Each contract let under this subdivision shall commence on the

fifteenth day of November of an even-numbered year and shall be for a

term of either two or four annual sessions of the legislature. The

temporary president of the senate and the speaker of the assembly or

their designees shall provide the commissioner with a written direction

with respect to the length of the term of the contract. Each such

contract shall terminate on the third or fifth thirty-first day of

December after its commencement, as the case may be, except that any

duty, function or obligation performable during the last year of such

contract may be completed after its termination. Any contract which

provides for a term of only two annual sessions of the legislature may

provide the commissioner with an option to extend the term thereof for

an additional period covering the next succeeding two annual sessions of

the legislature. The commissioner shall exercise such option on behalf

of the legislature upon written direction provided to him by the

hereinbefore referred to legislative leaders or their designees.

Extension of the contract pursuant to the exercise of such option shall

be upon the mutual agreement of the parties, provided that the

provisions of any contract which contains such an option shall

specifically include a predetermined mechanism, whether set out in

specific monetary terms or by application of a prescribed formula or

formulae, whereby the parties shall be able to ascertain the

compensation to be paid by the state to the contractor or by the

contractor to the state, if any. Such predetermined mechanism shall be a

part of the bid and may be specifically set forth in such bid.