New York Laws
Article 9 - Contracts
143 - Deposits 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.

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