138 - State contracts not to be assigned without consent.

§  138.  State  contracts not to be assigned without consent. A clause  shall be inserted in all specifications or contracts hereafter  made  or  awarded  by  the  state,  or  any public department or official thereof,  prohibiting any contractor, to whom any contract shall be  let,  granted  or awarded, as required by law, from assigning, transferring, conveying,  sub-letting  or  otherwise disposing of the same, or of his right, title  or interest therein, or his power to execute such contract to any  other  person,  company or corporation, without the previous consent in writing  of the department or official awarding the same.    If any contractor, to whom any contract is hereafter let,  granted  or  awarded,  as  required by law, by the state, or by any public department  or  official  thereof,  shall,  without  the  previous  written  consent  specified  in  the  first  paragraph  of this section, assign, transfer,  convey, sublet or otherwise dispose of the same, or his right, title  or  interest  therein,  or  his power to execute such contract, to any other  person, company or other corporation, the state,  public  department  or  official,  as  the case may be, which let, made, granted or awarded said  contract, shall revoke and annul such contract, and  the  state,  public  department  or  officer,  as  the  case  may  be,  shall be relieved and  discharged from any and all liability and  obligations  growing  out  of  said  contract  to  such  contract,  and  to  the  person,  company,  or  corporation to  whom  he  shall  assign,  transfer,  convey,  sublet  or  otherwise  dispose  of  the same, and said contractor, and his assignee,  transferee,  or  sub-lessee,  shall  forfeit  and   lose   all   moneys,  theretofore earned under said contract except so much as may be required  to  pay  his  employees; provided that nothing herein contained shall be  construed to hinder, prevent or affect an assignment  by  such  contract  for  the benefit of his creditors, made pursuant to the statutes of this  state.    Notwithstanding the provisions of this section,  the  commissioner  of  general  services and state agencies may, with concurrence of the office  of state comptroller when the  original  contract  was  subject  to  the  office  of state comptroller approval, waive prior written consent of an  assignment, transfer,  conveyance,  sublease  or  other  disposition  of  contracts  or  monies under a contract let pursuant to article eleven of  this chapter. Such waiver may be granted under circumstances  where  the  contractor  verifies  to  the  commissioner of general services or state  agency,  as  applicable,  that  the  assignment,  transfer,  conveyance,  sublease  or other disposition is due to but not necessarily limited to,  a reorganization, merger or consolidation of the  contractor's  business  entity  or  enterprise.  The  commissioner of general services and state  agencies retain the right, as provided herein, to accept  or  reject  an  assignment,  transfer,  conveyance, sublease or other disposition by the  contractor.