§ 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 without the written approval of the comptroller. When a proposal consists of unit prices of items specified to be performed, 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.

* NB Effective until January 11, 2020

* 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.

* NB Effective January 11, 2020

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.