§ 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.