N.Y. Public Buildings Law § 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, except for certain contracts awarded to minority or women-owned

business enterprises as provided herein, without the written approval of

the comptroller. When a proposal consists of unit prices of items

specified to be performed, except for certain contracts awarded to

minority or women-owned business enterprises as provided herein, 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. Provided, however, that where a

responsible and reliable bidder certified as a minority-owned business

enterprise or women-owned business enterprise pursuant to article

fifteen-A of the executive law submits a bid of one million four hundred

thousand dollars or less, as adjusted annually for inflation beginning

January first, two thousand twenty, the bid of the minority or

women-owned business enterprise shall be deemed the lowest bid unless it

exceeds the bid of the lowest bidder by more than ten percent.

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.