Section 163. Contracts for services of state agencies

1. Notwithstanding
  any inconsistent provision of law, general, special or local, the  state
  and  any  department, bureau, board, commission, authority, or any other
  agency or instrumentality of the state, are hereby severally  authorized
  and  empowered,  subject  to the approval of the governor, to enter into
  any contract or agreement for the production of any goods, materials, or
  equipment or the processing, reprocessing, altering or  repair  thereof,
  deemed  by  the  governor  necessary  or desirable to effectuate postwar
  adjustments or defense effort, upon such terms and conditions as he  may
  approve.
    2.  Such contract or agreement may be made only with the United States
  of  America,  or  any  office,  department,  agency  or  instrumentality
  thereof,  or  with  any  person,  firm  or  corporation  engaged  in the
  production or supply  of  any  goods,  materials  or  equipment  or  the
  processing,  reprocessing,  altering  or repair thereof, for or for use,
  directly or indirectly, by the United States of America, or any  of  its
  agencies.
    3.  In  the  performance  of  any  such contract or agreement any such
  department, bureau, board, commission,  authority,  or  any  other  such
  agency  or  instrumentality  of  the  state,  is  hereby  authorized and
  empowered to use any of the real or  personal  property  of  the  state,
  under  its control and supervision and temporarily to employ or transfer
  any of its personnel.
    4. The making or performance of any such contract or  agreement  shall
  in  no  wise be deemed to affect or result in the impairment, diminution
  or abridgment  of  the  compensation,  or  any  of  the  civil  service,
  retirement  and  other rights, privileges and immunities of any employee
  engaged in the performance of any service thereunder.
    5. Any such contract or agreement shall provide  for  payment  to  the
  state  of  compensation,  price  or other consideration which in no wise
  shall be less  than  the  compensation,  price  or  other  consideration
  generally  obtainable  by private persons, firms or corporations for the
  performance of similar contracts or agreements,  provided  the  same  is
  reasonably ascertainable.
    6.  All moneys received on account of any contracts or agreements made
  pursuant to this section  or  pursuant  to  the  provisions  of  section
  fifty-two-a  of the New York state war emergency act prior to the repeal
  thereof shall be received by the state and deposited in the special fund
  provided for in section ninety-seven-a of the state finance  law.    The
  moneys  in  such  fund  may  be expended and used to defray the expenses
  incidental to such contract or agreement in accordance  with  the  terms
  and  conditions  of  such  contract  or  agreement  and to reimburse the
  general fund of the  state  for  any  expenditures  made  in  the  first
  instance  for  such purposes. Such moneys shall be paid out of such fund
  on vouchers approved by the head of the department or agency,  to  which
  any  moneys  may be allocated by the director of the budget, after audit
  by and upon warrant of the comptroller.