§ 163. Contracts for services of state agencies.
486 words·~2 min read·
/ny/executive/miscellaneous-provisions/163A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 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.