New York § 143 - 143Deposits on plans and specifications for contracts for public work

§ 143. 143Deposits on plans and specifications for contracts for public work

§ 143. Deposits on plans and specifications for contracts for public work. 1. Notwithstanding any inconsistent provision of any general or special law, the board, division, department, bureau, agency, officer or commission of the state charged with the duty of preparing plans and specifications for and awarding or entering into contracts for the performance of public work may require the payment of a fixed sum of money, not exceeding one hundred dollars, for each copy of such plans and specifications, by persons or corporations desiring a copy thereof. Any person or corporation desiring a copy of such plans and specifications and making the deposit required by this section shall be furnished with one copy of the plans and specifications. Notwithstanding the foregoing, where payment is required it shall be waived upon request by minority- and women-owned business enterprises certified pursuant to article fifteen-A of the executive law or by service-disabled veteran-owned business enterprises certified pursuant to article three of the veterans' services law. Such payment may also be waived when such plans and specifications are made available and obtained electronically or in any non-paper form from the board, division, department, bureau, agency, officer or commission of the state. 2. If a proposal is duly submitted by any person or corporation making the deposit required by subdivision one and such proposal is accompanied by a certified check or other security in accordance with the requirements contained in the plans and specifications or in the public advertisement for bids, and provided the amount of such deposit is fifty dollars or more, the full amount of such deposit for one copy of the plans and specifications shall be returned to such person or corporation within thirty days following the award of the contract covered by such plans and specifications or the rejection of the bid of such person or corporation provided, however, that such person or corporation shall have returned the plans and specifications in good condition within the thirty days. If the amount of such deposit is fifty dollars or more, partial reimbursement, in an amount equal to the full amount of such deposit for one set of plans and specifications per unsuccessful bidder or non-bidder less the actual cost of reproduction of the plans and specifications as determined by the board, division, department, bureau, agency, officer or commission of the state charged with the duty of preparing the plans and specifications, shall be made for all other copies of the plans and specifications within thirty days following the award of the contract or the rejection of the bids covered by such plans and specifications. The full amount of any such deposit made by a successful bidder shall be refunded to said successful bidder regardless of the amount of such deposit.