§ 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.