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  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.