N.Y.
New York State Printing and Public Documents Law Section 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 State Finance Law § 164 (Exemptions)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 § 4 (Legislative printing)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 § 4 (Legislative printing)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 State Finance Law § 138 (State contracts not to be assigned without consent)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 § 4 (Legislative printing)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.
Source:
Section 5 — Proposals for legislative printing, https://www.nysenate.gov/legislation/laws/PPD/5 (updated Sep. 22, 2014; accessed Apr. 20, 2024).
