N.Y. State Finance Law § 143: Deposits on plans and specifications for contracts for public work

§ 143. Deposits on plans and specifications for contracts for public

work. 1. Notwithstanding any inconsistent provision of any general or

special law, the board, division, department, bureau, agency, officer or

commission of the state charged with the duty of preparing plans and

specifications for and awarding or entering into contracts for the

performance of public work may require the payment of a fixed sum of

money, not exceeding one hundred dollars, for each copy of such plans

and specifications, by persons or corporations desiring a copy thereof.

Any person or corporation desiring a copy of such plans and

specifications and making the deposit required by this section shall be

furnished with one copy of the plans and specifications. Notwithstanding

the foregoing, where payment is required it shall be waived upon request

by minority- and women-owned business enterprises certified pursuant to

article fifteen-A of the executive law or by service-disabled

veteran-owned business enterprises certified pursuant to article three

of the veterans' services law. Such payment may also be waived when such

plans and specifications are made available and obtained electronically

or in any non-paper form from the board, division, department, bureau,

agency, officer or commission of the state.

2. If a proposal is duly submitted by any person or corporation making

the deposit required by subdivision one and such proposal is accompanied

by a certified check or other security in accordance with the

requirements contained in the plans and specifications or in the public

advertisement for bids, and provided the amount of such deposit is fifty

dollars or more, the full amount of such deposit for one copy of the

plans and specifications shall be returned to such person or corporation

within thirty days following the award of the contract covered by such

plans and specifications or the rejection of the bid of such person or

corporation provided, however, that such person or corporation shall

have returned the plans and specifications in good condition within the

thirty days. If the amount of such deposit is fifty dollars or more,

partial reimbursement, in an amount equal to the full amount of such

deposit for one set of plans and specifications per unsuccessful bidder

or non-bidder less the actual cost of reproduction of the plans and

specifications as determined by the board, division, department, bureau,

agency, officer or commission of the state charged with the duty of

preparing the plans and specifications, shall be made for all other

copies of the plans and specifications within thirty days following the

award of the contract or the rejection of the bids covered by such plans

and specifications. The full amount of any such deposit made by a

successful bidder shall be refunded to said successful bidder regardless

of the amount of such deposit.